Proposition portant sur le reglement des conflicts
- Country/entityBurundi
- RegionAfrica (excl MENA)
- Agreement nameProposition portant sur le reglement des conflicts
- Date5 May 2017
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment
- Peace processBurundi: 2015 onwards process
- PartiesNo 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-
- DescriptionThis agreement sets out agreed proposals for the post-electoral period post 2020.
- Agreement document
- Agreement document (original language)
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 personsGroups→Refugees/displaced persons→RhetoricalPage 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.
- ElectionsPage 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 commissionPage 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 reformGovernance→Political parties reform→Other political parties reformPage 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.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 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 generalPage 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 rightsHuman rights and equality→Civil and political rights→Freedom of movementPage 1:
1. Political Matters
a) Guarantee of fundamental freedoms
...
ii. Freedom of movementHuman rights and equality→Civil and political rights→Freedom of associationPage 1:
1. Political Matters
a) Guarantee of fundamental freedoms
...
ii. Freedom of assemblyHuman rights and equality→Civil and political rights→Vote and take partPage 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 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 GuaranteesPage 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.
- DDRSecurity sector→DDR→DDR programmesPage 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 releasePage 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.
- ReparationsTransitional justice→Reparations→Material reparationsPage 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; - ReconciliationPage 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/similarPage 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.
- SourceUniversity 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