Proposition portant sur le reglement des conflicts

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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)
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: 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.

Agreement document: BI_170303_Proposition portant sur le reglement des conflicts_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): BI_170303_Proposition portant sur le reglement des conflicts_FR.pdf (opens in new tab)| 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: 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