Proposition portant sur le reglement des conflicts

  • Country/entity
    Burundi
  • Region
    Africa (excl MENA)
  • Agreement name
    Proposition portant sur le reglement des conflicts
  • Date
    5 May 2017
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Burundian Civil War (1993-2005) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government
  • Peace process
    Burundi: 2015 onwards process
  • Parties
    No signatures, but appears to be an agreement of the Inter-Burundian Dialogue as regards an agenda for agreement for the post-election period.
  • Third parties
    -
  • Description
    This agreement sets out agreed proposals for the post-electoral period post 2020.


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
    Groups→Refugees/displaced persons→Rhetorical
    Page 2:
    3. Socio-economic situation and humanitarian issues
    ...b. Return of refugees (spontaneous and organized);
    c. Reintegration of displaced persons into the country;...
  • 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
    Page 1:
    2. Constitutional, legislative and electoral matters:
    ...
    c. Revision of the electoral law or electoral laws

    d. Revision of the National Electoral Commission:
    i. Mandate

    ii. Independence

    iii. Composition

    Page 2:
    f. Status of international and domestic election monitoring:

    i. Intergovernmental (regional, international);

    ii. Non-governmental
  • Electoral commission
    Page 1:
    2. Constitutional, legislative and electoral matters:
    ...
    c. Revision of the electoral law or electoral laws

    d. Revision of the National Electoral Commission:
    i. Mandate

    ii. Independence

    iii. Composition
  • Political parties reform
    Governance→Political parties reform→Other political parties reform
    Page 2:
    e. Home Office:

    i. Respect for the principle of non-interference in party affairs (for example, procedures to allow for the registration and legal recognition of political parties);

    ii. respect for fundamental freedoms (see section 1a);

    iii. Reunification of political parties according to the plan of action agreed upon in 2013

    iv. Produce a comparative analysis of good practices in the region.
  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 1:
    2. Constitutional, legislative and electoral matters:

    a. Constitutional issues

Power sharing

  • Political power sharing

    No specific mention.

  • 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
    Page 1:
    1. Political Matters
    ...
    d. Human rights
    e. Rule of Law and Good governance

    Page 2:
    e. Home Office:

    i. Respect for the principle of non-interference in party affairs (for example, procedures to allow for the registration and legal recognition of political parties);

    ii. respect for fundamental freedoms (see section 1a);
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Freedom of movement
    Page 1:
    1. Political Matters
    a) Guarantee of fundamental freedoms
    ...
    ii. Freedom of movement
    Human rights and equality→Civil and political rights→Freedom of association
    Page 1:
    1. Political Matters
    a) Guarantee of fundamental freedoms
    ...
    ii. Freedom of assembly
    Human rights and equality→Civil and political rights→Vote and take part
    Page 1:
    1. Political Matters
    a) Guarantee of fundamental freedoms
    ...
    ii. Freedom of assembly
  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2:
    3. Socio-economic situation and humanitarian issues
    a. Impact of the crisis on the socio-economic situation;
  • 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
    Page 1:
    1. Political Matters
    ...
    c. Return of exiled political figures:

    i. Guarantees of personal security to facilitate their peaceful return to Burundi and free participation in social, political and economic activities

    Page 2:
    4. Security

    a. Disarmament of armed youth groups allied to political parties;

    b. General and personal security (see section 1.c.i);

    c. Security sector reform / reform of the governance sector;

    d. Outside observers (EAC, AU, UN)
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→DDR programmes
    Page 2:
    4. Security

    a. Disarmament of armed youth groups allied to political parties;

    b. General and personal security (see section 1.c.i);

    c. Security sector reform / reform of the governance sector;

    d. Outside observers (EAC, AU, UN)
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • 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
    Page 1:
    1. Political Matters
    ...
    b. Goodwill-building measures:
    i. Release of political prisoners
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 2:
    3. Socio-economic situation and humanitarian issues
    ...

    b. Return of refugees (spontaneous and organized);

    c. Reintegration of displaced persons into the country;

    d. Repairs and restitutions:
    i. For damages caused during the period of April 2015 (declaration of the candidacy of President Nkurunziza) until the current period;
  • Reconciliation
    Page 1:
    1. Political Matters
    ...
    b. Goodwill-building measures:

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 2:
    4. Security

    a. Disarmament of armed youth groups allied to political parties;

    b. General and personal security (see section 1.c.i);

    c. Security sector reform / reform of the governance sector;

    d. Outside observers (EAC, AU, UN)
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    University of Antwerp, Burundi, Dialogue-Negotiations website: https://www.uantwerpen.be/en/projects/centre-des-grands-lacs-afrique/droit-pouvoir-paix-burundi/conflit-2015-17/dialogue/

Proposal for the peaceful settlement of political conflicts in Burundi

1. Political matters

a. Guarantee of fundamental freedoms:

i. Freedom of assembly

ii. Freedom of movement

b. Goodwill-building measures:

i. Release of political prisoners

ii. Continuing to enact the order to release political prisoners

iii. Accelerate fair trials for those still being detained;

iv. End the hate campaign

c. Return of exiled political figures:

i. Guarantees of personal security to facilitate their peaceful return to Burundi and free participation in social, political and economic activities

ii. Livelihoods

d. Human rights

e. Rule of law and good governance

2. Constitutional, legislative and electoral matters:

a. Constitutional issues

b. Reaffirmation of the Arusha agreement provisions;

c. Revision of the electoral law or electoral laws

d. Revision of the National Electoral Commission:

i. Mandate

ii. Independence

iii. Composition

e. Home Office:

i. Respect for the principle of non-interference in party affairs (for example, procedures to allow for the registration and legal recognition of political parties);

ii. respect for fundamental freedoms (see section 1a);

iii. Reunification of political parties according to the plan of action agreed upon in 2013

iv. Produce a comparative analysis of good practices in the region.

f. Status of international and domestic election monitoring:

i. Intergovernmental (regional, international);

ii. Non-governmental

3. Socio-economic situation and humanitarian issues

a. Impact of the crisis on the socio-economic situation;

b. Return of refugees (spontaneous and organized);

c. Reintegration of displaced persons into the country;

d. Repairs and restitutions:

i. For damages caused during the period of April 2015 (declaration of the candidacy of President Nkurunziza) until the current period;

4. Security

a. Disarmament of armed youth groups allied to political parties;

b. General and personal security (see section 1.c.i);

c. Security sector reform / reform of the governance sector;

d. Outside observers (EAC, AU, UN)

Potential mechanisms to put in place

1. Joint monitoring and evaluation mechanisms:

a. Mandate

b. Composition

2. Political Party Development Fund

a. Allocations subject to legislative revisions (see section 2.d.i), the necessary circumscription and election results (by Ruzuku / grants)

b. The guarantors of this Proposal agree to support a professionalization fund for political parties with the current Proposal

Implementation timeline

This proposal covers the pre-and post-election period of the 2020 general elections