Memorandum of Agreement for the Implementation of the Ceasefire Agreement Signed on 07/10/2002

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Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Memorandum of Agreement for the Implementation of the Ceasefire Agreement Signed on 07/10/2002
Date
25 Jan 2003
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Burundian Civil War (1993-2005) )
Stage
Ceasefire/related
Conflict nature
Government
Peace process
Burundi: Arusha and related peace process
Parties
For the Transitional Government H.E. Pierre BUYOYA President of the Republic of Burundi For the CNDD-FDD Col Jean-Bosco NDAYIKENGURUKIYE Coordinator General and President of the Political Council For the PALIPEHUTU-FNL Mr Alain MUGABAROBONA President,
Third parties
Witnessed by: H.E. Jacob Zuma Deputy-President of the Republic of South Africa The African Union H.E. Ambassador M. Bah African Union Interim Commission Representation in Burundi The United Nations H.E. Ambassador B. Dinka Special Envoy of the United Nations General Secretary in Burundi
Description
Agreement providing implementation modalities for the ceasefire agreement agreed on 7 October 2002

Agreement document
BI_030125_ Memorandum of Agreement (1) (1).pdf | Download PDF

Groups

Children/youth
No specific mention.
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
No specific mention.
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
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 2,
4.1 Negotiations regarding the integration of the two Armed Movements signatories of the Ceasefire Agreement in the transitional institutions will continue according to the following calendar:
- Negotiations on their integration of the exiled leaders of the two Armed Movements within the Government will start a week after their arrival and will last a month at the latest.
- Negotiations on their integration within the Transitional Parliament (National Assembly and the Senate of Transition) will begin two weeks after the arrival of the two leaders of the two Armed Movements signatories and will continue according to the rhythm changes undertaken in these sectors.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

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
No specific mention.
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
No specific mention.
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
Security sector→Ceasefire→Ceasefire provision
Summary: The whole agreement provides for the implementation of a ceasefire dated 25/01/2003.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Pages 1-2,
Willing to put into application the Ceasefire Agreement signed on 07/10/2002; Agree as follows:
2.2 The regrouping of the two armed forces movements will begin in the second half of February 2003 at the latest.
2.3 The place of regrouping of the armed forces of the two movement signatories of the Ceasefire Agreement will be done under the protection of the African Union’s Forces deployed in the second half of February 2003 at the latest.
2.4 No regrouping zone should contain more than three thousand (3000) fighters. More regroup zone can be identified in common accord if the existing one were full.
2.5 The armed movements can if they wish, regroup their forces in the same zone.

Pages 1-2,
3. Of the return Leaders and Senior Officials of the two Armed Movements signatories of the Ceasefire Agreement.
3.1 The leaders of the two signatories Armed Movements return to Bujumbura on 10/02/2003.
3.2 Logistic arrangements regarding the return and settlement of the leaders and officials of the two Armed Movements will be in charge of the African Union, and the International Community through the Mediation.
3.3 The leaders and officials returning from exile will be under the protection of the African Forces.

Pages 1-2,
4. Of the integration of the two Armed Forces signatories of the Ceasefire Agreement.
4.1 Negotiations regarding the integration of the two Armed Movements signatories of the Ceasefire Agreement in the transitional institutions will continue according to the following calendar:
- Negotiations on their integration of the exiled leaders of the two Armed Movements within the Government will start a week after their arrival and will last a month at the latest.
- Negotiations on their integration within the Transitional Parliament (National Assembly and the Senate of Transition) will begin two weeks after the arrival of the two leaders of the two Armed Movements signatories and will continue according to the rhythm changes undertaken in these sectors.
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
No specific mention.
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 specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1
Willing to put into application the Ceasefire Agreement signed on 07/10/2002; Agree as follows:
…
2.3 The place of regrouping of the armed forces of the two movement signatories of the Ceasefire Agreement will be done under the protection of the African Union’s Forces deployed in the second half of February 2003 at the latest.

Page 2
Willing to put into application the Ceasefire Agreement signed on 07/10/2002;
Agree as follows:
….
5. The three signatories parties of the Ceasefire Agreement of 07/10/2002, urgently call on the Mediator to request from the African Union and the United Nations the rapid appointment:
-the Political authority of the African Mission.
…
-the Commanding Officer of the African Force.
- the deployment of the first elements of the African Force at least in the second half of February 2003.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
On file with PA-X PI

MEMORANDUM OF AGREEMENT FOR THE IMPLEMENTATION OF THE CEASEFIRE AGREEMENT SIGNED ON 07/10/2002, BETWEEN THE TRANSITIONAL GOVERNMENT OF THE REPUBLIC OF BURUNDI, THE CNDD-FDD OF COL JEAN-BOSCO NDAYIKENGURUKIYE AND THE PALIPEHUTU-FNL OR MR ALAIN MUGABORABONA

We, signatories, represented respectively by H.E. Pierre BUYOYA, President of the Republic of Burundi, Col Jean-Bosco NDAYIKENGURUKIYE, Coordinator General of the CNDD-FDD, Mr Alain MUGABORABONA, Chairperson of the PALIPEHUTU-FNL;

Willing to put into application the Ceasefire Agreement signed on 07/10/2002;

Agree as follows:

Of the Mix Ceasefire Commission.

1.1 Establishment of a joint Ceasefire Commission composed of:

Six members appointed by the Transitional Government.

Six members appointed by the two armed movements signatories of the Ceasefire Agreement.

Other members appointed according to the Ceasefire Agreement signed on 07/10/2002.

1.2 The Commission will be directed by a member appointed by the United Nations.

1.3 The Mediator, the CSA and the African Union will be informed within 24 hours from the date of the signature of the present Memorandum of the appointment of the members of the signatories’s parties.

1.4 To hold its first meeting as soon as the President of the Commission is appointed.

Of the re-groupment.

2.1 The signatories parties agree to propose to the Join Commission of the Ceasefire the possible zone of re-groupment of the forces of the two armed movements signatories of the Ceasefire Agreement.

2.2 The regrouping of the two armed forces movements will begin in the second half of February 2003 at the latest.

2.3 The place of regrouping of the armed forces of the two movement signatories of the Ceasefire Agreement will be done under the protection of the African Union’s Forces deployed in the second half of February 2003 at the latest.

2.4 No regrouping zone should contain more than three thousand (3000) fighters.

More regroup zone can be identified in common accord if the existing one were full.

2.5 The armed movements can if they wish, regroup their forces in the same zone.

Of the return Leaders and Senior Officials of the two Armed Movements signatories of the Ceasefire Agreement.

1 The leaders of the two signatories Armed Movements return to Bujumbura on 10/02/2003.

2 Logistic arrangements regarding the return and settlement of the leaders and officials of the two Armed Movements will be in charge of the African Union, and the International Community through the Mediation.

3 The leaders and officials returning from exile will be under the protection of the African Forces.

Of the integration of the two Armed Forces signatories of the Ceasefire Agreement.

4.1 Negotiations regarding the integration of the two Armed Movements signatories of the Ceasefire Agreement in the transitional institutions will continue according to the following calendar:

Negotiations on their integration of the exiled leaders of the two Armed Movements within the Government will start a week after their arrival and will last a month at the latest.

Negotiations on their integration within the Transitional Parliament (National Assembly and the Senate of Transition) will begin two weeks after the arrival of the two leaders of the two Armed Movements signatories and will continue according to the rhythm changes undertaken in these sectors.

The three signatories parties of the Ceasefire Agreement of 07/10/2002, urgently call on the Mediator to request from the African Union and the United Nations the rapid appointment:

-the Political authority of the African Mission.

-the President of the Join Ceasefire Commission.

-the Commanding Officer of the African Force.

- the deployment of the first elements of the African Force at least in the second half of February 2003.

The signatories parties engage in keeping contact to ensure dialogue to address any problem before, during and after the application of the present memorandum and to call on the CSA, in case of need.

Done in Pretoria on 25/01/2003

For the Transitional Government H.E. Pierre BUYOYA President of the Republic of Burundi

For the CNDD-FDD Col Jean-Bosco NDAYIKENGURUKIYE Coordinator General and President of the Political Council

For the PALIPEHUTU-FNL Mr Alain MUGABAROBONA President Witnessed by:

H.E. Jacob Zuma Deputy-President of the Republic of South Africa

The African Union

H.E. Ambassador M. Bah African Union Interim Commission Representation in Burundi The United Nations H.E. Ambassador B. Dinka Special Envoy of the United Nations General Secretary in Burundi