Arusha Peace and Reconciliation Agreement for Burundi - Various Authors - E-Book
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Arusha Peace and Reconciliation Agreement for Burundi E-Book

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The "Arusha Peace and Reconciliation Agreement for Burundi" is a seminal document that delineates the framework for peace and stability in a nation scarred by conflict. This multi-authored treaty, negotiated in 2000, reflects a blend of diplomatic prose and legalistic precision, embodying the collective aspirations of Burundians for unity and reconciliation. The document, structured around principles of inclusivity and power-sharing, serves as both a historical account and a practical guide for post-conflict governance, showcasing the collaborative spirit that underpinned its creation. The authors of this agreement comprise a diverse group of Burundian leaders, negotiators, and international mediators who were deeply invested in the nation's future. Their experiences, steeped in the horrors of ethnic violence and political strife, galvanized their commitment to forging a peaceful resolution. The context of Burundian history, particularly the civil war that devastated the country from 1993 to 2005, imbues this text with an urgency and sincerity, as it seeks to prevent the recurrence of past atrocities. This book is essential reading for scholars, policymakers, and anyone interested in conflict resolution and peacebuilding. It not only provides a roadmap for Burundi's sociopolitical landscape but also serves as a poignant reminder of the power of dialogue and collaboration in addressing deeply rooted divisions. Your understanding of post-conflict reconciliation will be enriched by engaging with this transformative document.

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Various Authors

Arusha Peace and Reconciliation Agreement for Burundi

Published by Good Press, 2022
EAN 4064066461836

Table of Contents

Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Signatory Parties
Cosignatories
Protocol 1 - Nature of the Burundi Conflict, Problems of Genocide and Exclusion and their Solutions
Preamble
Chapter I - Nature and Historical Causes of the Conflict
Chapter II - Solutions
Protocol II - Democracy and Good Governance
Preamble
Chapter I - Constitutional Principles of the Post-Transition Constitution
Chapter II - Transitional arrangements
Protocol III - Peace and Security for All
Preamble
Chapter I - Peace and Security for All
Chapter II - The Defence and Security Forces
Chapter III - Permanent Ceasefire and Cessation of Hostilities
Protocol IV - Reconstruction and Development
Preamble
Chapter I - Rehabilitation and Resettlement of Refugees and Sinistres
Chapter II - Physical and Political Reconstruction
Chapter III - Economic and Social Development
Protocol V - Guarantees on Implementation of the Agreement
Preamble
Article 1
Article 2 - Transitional institutions
Article 3 - Implementation Monitoring Committee
Article 4 - The Facilitator
Article 5 - Commissions
Article 6 - Genocide, war crimes and other crimes against humanity
Article 7 - Role of the international community
Article 8 - Peacekeeping
Article 9 - Financial guarantees
Article 10 - Role of the region

We, the representatives of:

The Government of the Republic of Burundi,

The National Assembly,

The Alliance Burundo-Africaine pour le Salut (ABASA),

The Alliance Nationale pour le Droit et le Développement (ANADDE),

The Alliance des Vaillants (AV-INTWARI),

The Conseil National pour la Défense de la Démocratie (CNDD),

The Front pour la Démocratie au Burundi (FRODEBU),

The Front pour la Libération Nationale (FROLINA),

The Parti Socialiste et Panafricaniste (INKINZO),

The Parti pour la Libération du Peuple Hutu (PALIPEHUTU),

The Parti pour le Redressement National (PARENA),

The Parti Indépendant des Travailleurs (PIT),

The Parti Libéral (PL),

The Parti du Peuple (PP),

The Parti pour la Réconciliation du Peuple (PRP),

The Parti Social-Démocrate (PSD),

The Ralliement pour la Démocratie et le Développement Economique et Social (RADDES),

The Rassemblement du Peuple Burundais (RPB) and

The Union pour le Progrès National (UPRONA),

Hereinafter referred to as “the Parties”,

Considering the rounds of talks held in Mwanza in 1996,

Having participated in the negotiations held in Arusha pursuant to the Declaration by the Participants in the Burundi Peace Negotiations involving all the Parties of the Burundi Conflict signed at Arusha on 21 June 1998 (“the Declaration of 21 June 1998”) under the facilitation of the late Mwalimu Julius Kambarage Nyerere, and subsequently of Mr. Nelson Rolihlahla Mandela, on behalf of the States of the Great Lakes region and the international community,

Expressing our deep appreciation for the persistent efforts of the Facilitators, the late Mwalimu Julius Kambarage Nyerere and Mr. Nelson Rolihlahla Mandela, the States of the Great Lakes region and the international community with a view to assisting the people of Burundi to return to peace and stability,

Determined to put aside our differences in all their manifestations in order to promote the factors that are common to us and which unite us, and to work together for the realization of the higher interests of the people of Burundi,

Aware of the fact that peace, stability, justice, the rule of law, national reconciliation, unity and development are the major aspirations of the people of Burundi,

Reaffirming our unwavering determination to put an end to the root causes underlying the recurrent state of violence, bloodshed, insecurity, political instability, genocide and exclusion which is inflicting severe hardships and suffering on the people of Burundi, and seriously hampers the prospects for economic development and the attainment of equality and social justice in our country,

Reaffirming our commitment to shape a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, mutual understanding, tolerance and cooperation among the different ethnic groups within our society,

In the presence of:

Jean-Baptiste Bagaza and Sylvestre Ntibantunganya, former Presidents of Burundi,

The representatives of Burundian civil society and women’s organizations and Burundian religious leaders,

H. E. Mr. Nelson Rolihlahla Mandela, Facilitator,

H. E. General Gnassingbé Eyadéma, President of the Republic of Togo and

current Chairman of the Organization of African Unity,

H. E. Yoweri Kaguta Museveni, President of the Republic of Uganda,

H. E. Daniel T. arap Moi, President ofthe Republic of Kenya,

H. E. Benjamin William Mkapa, President of the United Republic of Tanzania,

H. E. Frederick J. T. Chiluba, President of the Republic of Zambia,

H. E. Major-General Paul Kagame, President of the Republic of Rwanda,

H. E. Laurent Désiré Kabila, President of the Democratic Republic of the Congo,

H. E. Meles Zenawi, Prime Minister of the Republic of Ethiopia,

H. E. Mr. Kofi Annan, Secretary-General of the United Nations,

H. E. Dr. Salim Ahmed Salim, Secretary-General of the Organization of African Unity,

Hon. Charles Josselin, Minister of Cooperation of the French Republic, representing the European Union,

H. E. Dr. Boutros Boutros Ghali, Secretary-General of the International Organization of la Francophonie, and

Mr. Joseph Waryoba Butiku, Executive Director of the Mwalimu Nyerere Foundation,

Do hereby resolve and commit ourselves to be bound by the provisions of the Arusha Peace and Reconciliation Agreement for Burundi, hereinafter referred to as “the Agreement”.

Article 1

Table of Contents

The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:

Protocol I: Nature of the conflict, problems of genocide and exclusion and :their solutions;

Protocol II: Democracy and good governance;

Protocol III: Peace and security for all;

Protocol IV: Reconstruction and development;

Protocol V: Guarantees on the implementation of the Agreement.

ANNEXES

Annex I: Pledge by participating parties;

Annex II: Structure of the National Police Force;

Annex III: Ceasefire agreement;

Annex IV: Report of Committee IV;

Annex V: Implementation timetable.

2. The Parties, recognizing the need to provide in the Agreement for contingencies unforeseen at the time that the protocols were finalized, agree that the provisions of the Agreement over-ride any contrary provisions within the protocols, and further agree as follows.

(a) Where the Protocols of the Agreement contemplates that decision was to be taken by the Parties at the time of signature of the Agreement, and such matters or decisions have not been so taken at the date of signature of the Agreement, they shall be taken by the signatory parties, with or without the assistance of the Facilitator, within 30 days of signature.

(b) Any provision of the Agreement or the protocols may be amended as provided for in article 20 of Protocol II or, pending the establishment of the Transitional National Assembly, with the consent of nine-tenths of the Parties;

(c) Pending the negotiation and agreement of a comprehensive cease-fire agreement with the armed wings of non-signatory parties, Chapter III of Protocol III to the Agreement shall not come into effect; following the conclusion of the ceasefire agreement, it shall be deemed to be amended so as to be consistent with the provisions thereof.

Members of the parties to the Burundi Peace Negotiations in Arusha which do not sign the Agreement shall not be entitled to participate or hold office in the transitional Government or the transitional Legislature unless such parties are admitted as participating parties in accordance with article 14 of Protocol II to the Agreement with the consent of four-fifths of the Parties.

Article 2

Table of Contents

1. The Parties acknowledge the need for the Agreement to be accompanied by and to be a condition for lasting peace and a cessation of violence in Burundi.

2. The Parties accordingly call upon armed wings of non-signatory parties to suspend hostilities and violent actions immediately, and invite such non-signatory parties to participate in or engage in serious negotiations towards a cease-fire. The Parties agree that in addition to this public invitation included herein, they will as a priority take all reasonable and necessary steps to invite such Parties to participate in cease-fire negotiations.

3. The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. In such an event the Parties agree to call collectively, through the appropriate agencies including the Implementation Monitoring Committee, upon the Governments of neighbouring States, the international agencies which are guarantors of the Agreement and other appropriate national and international bodies to take the necessary steps to prohibit, demobilize, disarm, and if necessary arrest, detain and repatriate, members of such armed groups, and further to take such steps as are appropriate against any Party which encourages or supports such activities.

Article 3

Table of Contents

The Parties commit themselves to refrain from any act or behaviour contrary to the provisions of the Agreement, and to spare no effort to ensure that the said provisions are respected and implemented in their letter and spirit in order to ensure the attainment of genuine unity, reconciliation, lasting peace, security for all, solid democracy and on equitable sharing of resources in Burundi.

Article 4

Table of Contents

The Agreement shall be signed by the Parties. The Facilitator, the President of the Republic of Uganda as the Chairman of the Regional Peace Initiative on Burundi, the President of the Republic of Kenya as the region’s elder statesman and the President of the United Republic of Tanzania as the host, and the representatives of the United Nations, the Organization of African Unity, the European Union and the Mwalimu Nyerere Foundation shall also affix their signatures hereto as witnesses and as an expression of their moral support for the peace process.

Article 5

Table of Contents

The Agreement shall enter into force on the date of its signature.

Article 6

Table of Contents

All of the final documents shall be drawn up in English, French and Kirundi. The English and French texts be equally authentic. The French text, being the original, shall be deposited with the Secretary-General of the United Nations, the Secretary-General of the Organization of African Unity and the Government of Burundi, and certified true copies thereof shall be transmitted by the Government to all Parties.

Signed in Arusha on the 28th day of the month of August 2000.

Signatory Parties

Table of Contents

For the Government of Burundi

Name of Representative: Mr. Ambroise NIYONSABA

Title: Minister for the Peace Process

* * * *

For the National Assembly

Name of Representative: Hon. Léonce NGENDAKUMANA

Title: Speaker of the National Assembly

* * * *

For ABASA

Name of the Party’s representative: Amb. Térence NSANZE

Title: Chairman

* * * *

For ANADDE

Name of the Party’s representative: Prof. Patrice NSABABAGANWA

Title: Chairman

* * * *

For AV-INTWARI

Name of the Party’s representative: Prof. André NKUNDIKIJE

Title: Chairman

* * * *

For CNDD

Name of the Party’s representative: Mr. Léonard NYANGOMA

Title: Chairman

* * * *

For FRODEBU

Name of the Party’s representative: Dr. Jean MINANI

Title: Chairman

* * * *

For FROLINA

Name of the Party’s representative: Mr. Joseph KARUMBA

Title: Chairman

* * * *

For INKINZO

Name of the Party’s representative: Dr. Alphose RUGAMBARARA

Title: Chairman

* * * *

For PALIPEHUTU

Name of the Party’s representative: Dr. Etiénne KARATASI

Title: Chairman

* * * *

For PARENA

Name of the Party’s representative: H. E. Jean-Baptiste BAGAZA

Title: Chairman

* * * *

For PIT

Name of the Party’s representative: Prof. Nicéphore NDIMURUKUNDO

Title: Chairman

* * * *

For PL

Name of the Party’s representative: Mr. Gaëtan NIKOBAMYE

Title: Chairman