Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi

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Country/entity: Burundi
Region: Africa (excl MENA)
Agreement name: Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi
Date: 18 Jun 2006
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 - comprehensive
Conflict nature: Government
Peace process: Burundi: Arusha and related peace process
Parties: The Governenment of Burundi and the Palipehutu-FNL

In the presence of :
...
- H.E. Pierre Nkurunziza, President of the Republic of Burundi

Signatory Party:
For the Government of Burundi - Name of the Representative: H.E. Evariste Ndayishimiye
Title: Head of the Burundi Government Delegation

For the Palipehutu-FNL - Name of the Representative: H.E. Agathon Rwasa
Title: Chairman
Third parties: Having participated in the talks facilitated by the Minister of Safety and Security of the Republic of South Africa, His Excellency Charles Nqakula, in terms of the mandate of the Regional Initiative for Peace in Burundi.

In the presence of :
- H.E. Jakaya Mrisho Kikwete, Deputy Chairperson of the Regional Initiative on the Burundi Peace Process;
- H.E. Charles Nqakula, Facilitaor;
- H.E. Ambassador Mamadou Bah, Representative of the Chairperson of the African Union Commission;
- H.E. Ambassador Nureldin Satti, Special Representative of the United Nations, Secretary General Kofi Anan;
Description: This agreement defines comprehensive principles for peace and security in between the Government of Burundi and the FNL. It addresses the following dimensions: I. The History of Burundi and the Ethnic Question; II. Provisional Immunity for the members of the Palipehutu-FNL and its Transformation into a Political Party; III. Repatriation of Refugees and Return of the Displaced and Regrouped Persons; IV. Defence and Security Forces; V. Guarantors of the Process; VI: Non-engagement in Attacks.

Agreement document: BI_060618_Dar es salaam agreement of principles_BAD.pdf (opens in new tab) | Download PDF

Main category: Page 4, Article 1. The history of Burundi and the Ethnic Question:
...
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure A, Chapter 1. The history of Burundi and the Ethnic Question, Article 2
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.
Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

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: Transitional justice→Past and gender
Page 4, Article 1. The history of Burundi and the Ethnic Question:
...
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annex A, Chapter 1. The history of Burundi and the Ethnic Question, Article 2
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

DAR ES SALAAM

AGREEMENT OF PRINCIPLES

TOWARDS LASTING PEACE,

SECURITY AND STABILITY IN

BURUNDI

Dar Es Salaam

18 June 2006

CONTENTS

Page

DAR ES SALAAM AGREEMENT FOR THE ATTAINMENT

OF LASTING PEACE, SECURITY AND STABILITY IN BURUNDI 1

PREAMBLE.......................................................................................................................... 1

Article I:

The History of Burundi and the Ethnic Question................................................ 2

Article II:

Provisional Immunity for the members of the Palipehutu-FNL

and its Transformation into a Political Party........................................................ 2

Article III:

Repatriation of Refugees and Return of the Displaced and Regrouped

Persons............................................................................................................. 3

Article IV:

Defence and Security Forces............................................................................ 3

Article V:

Guarantors of the Process................................................................................. 3

Article VI:

Non-engagement in attacks............................................................................... 3

Article VII:

Annexures.......................................................................................................... 3

Article VIII:

Commencement of this Agreement................................................................... 4

Article IX:

Language of this Agreement.............................................................................. 4

Signatory Parties ................................................................................................................. 5

Co-signatory Parties ............................................................................................................ 6

DAR ES SALAAM AGREEMENT OF PRINCIPLES TOWARDS LASTING

PEACE, SECURITY AND STABILITY IN BURUNDI

We, the representatives of

The Government of the Republic of Burundi

Acting in terms of the Constitution of the Country

And

The Palipehutu-FNL

(Hereinafter referred to as “The Parties”)

Having participated in the talks facilitated by the Minister of Safety and Security of the Republic of South Africa, His Excellency Charles NQAKULA, in terms of the mandate of the Regional Initiative for Peace in Burundi;

Realising that the search for peace has become of capital importance for our country to enjoy freedom, democracy, justice and peace and for Burundi to be respected in the international commentary;

Determined to overcome our differences in all their forms of manifestation to promote our aspirations for unity and the consolidation of the common good for all the Burundi people;

In the presence of:

H.E. Jakaya Mrisho Kikwete, Deputy Chairperson of the Regional Initiative on the Burundi Peace Process

H.E. Charles Nqakula, Facilitator

H.E. Thabo Mbeki, President of the Republic of South Africa

H.E. Ambassador Mamadou Bah, Representative of the Chairperson of the African Union Commission

H.E. Ambassador Nureldin Satti, Special Representative of the United Nations Secretary General Kofi Anan

H.E. Pierre Nkurunziza, President of the Republic of Burundi

Do hereby declare and commit ourselves to be bound by the provisions of the Dar es Salaam Agreement of Principles towards Lasting Peace, Security and Stability in Burundi (hereinafter referred to as “the Agreement”).

Article 1

THE HISTORY OF BURUNDI AND THE ETHNIC QUESTON

In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long.

It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country.

It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.

A commission of experts with the mandate to rewrite the history of Burundi shall be created.

These experts shall consult all the components of Burundi society.

The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.

Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Burundi.

It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Popular consultations shall be organised from grassroots level to the top.

Its establishment, the plan of its composition, its missions and functioning will be considered by national legislation.

The Palipehutu-FNL proposes to the Burundi people that the consultations should lead to a social contract.

Article II

PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL

AND ITS TRANSFORMATION INTO A POLITICAL PARTY

From the start of the effective implementation of the ceasefire, the members of the Palipehutu-FNL shall enjoy provisional immunity.

A procedure for the release of political prisoners and prisoners of war shall also start.

After the effective separation of the political branch and the military branch, the Palipehutu-FNL could request to be accredited as a political party in accordance with the law.

Article III

REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS

It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their houses of the people who were regrouped and who were displaced.

The Regional Initiative for Peace in Burundi, the AU and UN shall ensure that no repatriated person shall be the target of persecution.

The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.

Article IV

DEFENCE AND SECURITY FORCES

The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.

The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Article V

The Regional Initiative shall remain the guarantors of this process.

Article VI

Having agreed to all the foregoing principles, the Parties agree to stop hostilities and commit to engage in serious discussions aimed at reaching a comprehensive ceasefire within a period of two weeks.

Article VII

Annexures marked “A” and “B” attached hereto constitute part of this agreement.

Article VIII

This Agreement shall come into force on the date of its signature.

Article IX

This Agreement is drawn up in French and English and shall be translated into Kirundi and Kiswahili.

The French text shall take precedence and shall be filed with the Offices of the Secretary General of the United Nations, the Secretary General of the African Union Commission and the Parties.

SIGNED in DAR ES SALAAM on this 18th day of June 2006.

SIGNATORY PARTIES

For the Government of Burundi

____________________________________________

Name of Representative:

H.E. Evariste NDAYISHIMIYE

Title:

Head of the Burundi Government Delegation

******

For the Palipehutu-FNL

____________________________________________

Name of Representative:

H.E. Agathon RWASA

Title:

Chairman

******

CO-SIGNATORIES

H.E. Charles NQAKULA, Facilitator

____________________________________________

******

H.E. Jakaya Mrisho KIKWETE, Deputy Chairperson, Regional Initiative

____________________________________________

******

H.E. Thabo MBEKI, President of the Republic of South Africa

____________________________________________

******

H.E. Ambassador Mamadou BAH, Representative of the Chairperson of the African Union Commission

____________________________________________

******

H.E. Ambassador Nureldin SATI, Acting Special Representative of the United Nations Secretary General in Burundi

____________________________________________

******

ANNEXURE “A”

CHAPTER 1:

The history of Burundi and the ethnic question

In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long.

It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country.

It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.

Article 1

A commission of experts with the mandate to rewrite the history of Burundi shall be created.

These experts shall consult all the components of the Burundi society.

Article 2

The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.

Its mission shall be to establish the facts regarding the dark periods in our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Burundi.

It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Popular consultations shall be organised from grassroots level to the top.

Its establishment, the plan of its composition.

Its mission and functioning will be consecrated by rational legislation.

The Palipehutu-FNL proposes to the Burundi people that the consultations should lead to a social contract.

CHAPTER 2:

Provisional immunity of the members of the Palipehutu-FNL and its transformation into a political party.

Article 3

From the start of the effective implementation of the ceasefire, the members of the Palipehutu-FNL shall enjoy provisional immunity.

A procedure for the release of political prisoners and prisoners of war shall also start.

Article 4

After the effective separation of the political branch and the military branch the Palipehutu-FNL could request to be accredited as a political party in accordance with the law.

CHAPTER 3:

The repatriation of refugees and the return of displaced and regrouped people

Article 5

It would be necessary to create an environment that is favourable to the repatriation of refugees and the return of the people who were regrouped and who were displaced from their horries.

The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution.

The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid a forced repatriation.

ANNEXURE “B”

The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora.

The Regional Initiative shall remain the guarantor of this process.

The current mechanism for the oversight of the Defence and Security Forces shall be strengthened.

The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.

The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defences and Security Forces.

The transformation or ongoing reform and modernisation of the Defences and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.