Accord de Partage de Pouvoir au Burundi
Export agreement coding (PDF)- Country/entityBurundi
- RegionAfrica (excl MENA)
- Agreement nameAccord de Partage de Pouvoir au Burundi
- Date6 Aug 2004
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StageFramework/substantive - partial
- Conflict natureGovernment
- Peace processBurundi: Arusha and related peace process
- PartiesSignatories Parties of Arusha Peace Agreement and Ceasefire Agreements: Abasa, Anadde (listed but not signed), CNDD, CNDD-FDD (listed but not signed), FNL-ICANZO, FRODEBU, FROLINA, Green Party, INKINZO (listed but not signed), KAZA-FDD, PALIPE AGAKIZA, PARENA (listed but not signed), PIT, PL, PRP (listed but not signed), PSD (listed but not signed), RADDES (listed but not signed), RPB, UPRONA (listed but not signed)
Parties Non Signatories (of aforementioned agreements): ALIDE (listed but not signed), MRC (listed but not signed), NADDEBU, PACONA (listed but not signed), PADER, PAJUDE, PPDRR, RUSANGI, SONOVI, UPD
President of the Republic of Burundi: Domitien Ndayizeye - Third partiesWitnesses:
Facilitator of Burundi Peace Process, Representative of African Union, UN Representative - DescriptionThis agreement deals with the power-sharing mechanisms in Burundi's state institutions.
- 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 groupGroups→Racial/ethnic/national group→RhetoricalPage 1, Article 2:
The representative parties in Burundi agree that they will work together to ensure that their country will never again be exposed to ethnic and political violence, to carnage, insecurity and instability, or to genocide and exclusion.
Page 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
...
- Protecting and including ethnic, cultural and religious groups in the general system of governance;
- Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities.
Page 3, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity.
Page 4, Article 23:
They agree that these provisions represent an acceptable compromise and the necessary framework for power sharing in Burundi, creating a new order for the country based on unity, solidarity, cooperation between Burundi’s ethnic groups, democracy, peace and stability.Groups→Racial/ethnic/national group→SubstantivePage 1, Article 5:
Among other things, the Constitution includes a very brief Charter on the fundamental rights and obligations of the individual and the citizen, which guarantees equal rights for all citizens and ethnic groups.
Page 2, Article 7:
Every political party will be open to every Burundian, and their national status will be reflected in their organisational structure. Political parties are strictly forbidden to endorse exclusion, violence or hatred in any form, and in particular when directed at individuals on ethnic, tribal, religious or regional grounds.
Page 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Page 2, Article 10:
...
The Vice-Presidents must come from different ethnic groups and political parties.
Page 2, Article 11:
The Government, made up of a Council of Ministers, includes 60% Hutu Ministers and Vice-Ministers, and 40% Tutsi Ministers and Vice-Ministers.
Page 2, Article 13:
The National Assembly will be composed as follows: 60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity. A minimum of 30% of the Assembly members will be women.
Page 3, Article 14:
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Page 3, Article 16:
The municipal administrators will be 67% Hutu and 33% Tutsi, subject to adjustment by the Senate on the basis of ethnic diversity in each commune.
Page 3, Article 18:
State defence and security organisations including Defence, Police and Intelligence Services are staffed according to the allocations approved during the transition period, mindful of the need to ensure ethnic balance and prevent acts of genocide and unconstitutional seizure of power.
Page 3, Article 20:
Reorganisation of state enterprises will be ethnically balanced, using the 60/40 ratio of Hutus and Tutsis as in other state institutions, taking into account all of the actors and competencies in Burundian society. - Religious groupsGroups→Religious groups→RhetoricalPage 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
....
- Protecting and including ethnic, cultural and religious groups in the general system of governance;Groups→Religious groups→SubstantivePage 2, Article 7:
Every political party will be open to every Burundian, and their national status will be reflected in their organisational structure. Political parties are strictly forbidden to endorse exclusion, violence or hatred in any form, and in particular when directed at individuals on ethnic, tribal, religious or regional grounds. - 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 genderPage 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Page 3, Article 13:
The National Assembly will be composed as follows: 60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity. A minimum of 30% of the Assembly members will be women.
Page 3, Article 14:
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Page 4, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity. - 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.
- ReferendumPage 4, Article 22:
Conscious of the work done by the Facilitator to develop a national consensus, the parties agree that the above-mentioned provisions should be incorporated in the Constitution of Burundi, by referendum and other relevant legislation. - 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)Governance→Political institutions (new or reformed)→General referencesPage 1, Untitled Preamble:
Having initiated a long consultation process with the Burundian political parties, and Burundian civil society, on the issue of power sharing, the Facilitators have concluded that the following consensus exists among the Burundian people
Page 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
- Creating and institutionalising a system of democratic governance;
- Including minority political parties in the general system of governance;
- Protecting and including ethnic, cultural and religious groups in the general system of governance;
- Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities.
Page 2, Article 7:
Every political party will be open to every Burundian, and their national status will be reflected in their organisational structure. Political parties are strictly forbidden to endorse exclusion, violence or hatred in any form, and in particular when directed at individuals on ethnic, tribal, religious or regional grounds.
Page 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.Governance→Political institutions (new or reformed)→New political institutions (indefinite)Page 2, Article 9:
Burundians also agree that in exercising his executive powers, the President of the Republic, elected by universal suffrage (except in the first elections) will be assisted by two Vice-Presidents.
The President of the Republic will nominate the Vice-Presidents and present their candidature for approval by the two Chambers of Parliament elected by the people.
Page 2, Article 10:
The President of the Republic is authorised to dismiss the Vice-Presidents.
The Vice-Presidents must come from different ethnic groups and political parties.
The Constitution stipulates the specific responsibilities of the President of the Republic and the Vice-Presidents, including their institutional relationships as members of the Presidency, as well as their relations with the Parliament and the rest of the executive.
Page 3, Article 14:
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Page 3, Article 15:
...
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Page 3, Article 17:
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document. While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation.
Page 4, Article 21:
By implementing the essential measures described above, it will be possible to address the four challenges of:
• Reassuring the entire population of Burundi
• Guaranteeing the country’s stability
• Establishing national unity and reconciliation
• Ensuring political, economic and socially inclusive stability.
Page 4, Article 25:
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Committees will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to national objectives like national unity and reconciliation.
This review should enable the people of Burundi to make any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development. - ElectionsPage 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Page 2, Article 9:
Burundians also agree that in exercising his executive powers, the President of the Republic, elected by universal suffrage (except in the first elections) will be assisted by two Vice-Presidents.
The President of the Republic will nominate the Vice-Presidents and present their candidature for approval by the two Chambers of Parliament elected by the people.
Page 2, Article 12:
Any party gaining at least 5% of votes cast for members of the National Assembly is entitled to serve on the Council of Ministers, in proportion to its representation in the National Assembly.
Page 3, Article 14:
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Page 3, Article 17:
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document. While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation. - Electoral commission
No specific mention.
- Political parties reformGovernance→Political parties reform→Other political parties reformPage 1, Untitled Preamble:
Having initiated a long consultation process with the Burundian political parties, and Burundian civil society, on the issue of power sharing, the Facilitators have concluded that the following consensus exists among the Burundian people
Page 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
- Creating and institutionalising a system of democratic governance;
- Including minority political parties in the general system of governance;
- Protecting and including ethnic, cultural and religious groups in the general system of governance;
- Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities.
Page 2, Article 7:
Every political party will be open to every Burundian, and their national status will be reflected in their organisational structure. Political parties are strictly forbidden to endorse exclusion, violence or hatred in any form, and in particular when directed at individuals on ethnic, tribal, religious or regional grounds.
Page 2, Article 8:
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Page 3, Article 17:
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document. While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation. - Civil societyPage 1, Untitled Preamble:
Having initiated a long consultation process with the Burundian political parties, and Burundian civil society, on the issue of power sharing, the Facilitators have concluded that the following consensus exists among the Burundian people:
Page 4, Article 25:
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Committees will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to national objectives like national unity and reconciliation.
This review should enable the people of Burundi to make any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development. - Traditional/religious leaders
No specific mention.
- Public administrationPage 3, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity. - ConstitutionGovernance→Constitution→Constitutional reform/makingPage 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
- Creating and institutionalising a system of democratic governance;
- Including minority political parties in the general system of governance;
- Protecting and including ethnic, cultural and religious groups in the general system of governance;
- Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities.
Page 1, Article 4:
The Post-Transition Constitution fully expounds these principles.
Page 1, Article 5:
Among other things, the Constitution includes a very brief Charter on the fundamental rights and obligations of the individual and the citizen, which guarantees equal rights for all citizens and ethnic groups.
Page 1, Article 6:
The Constitution envisages the establishment of a Constitutional Court which will ensure that the organs of the state, and other institutions and individuals, respect the provisions of the Constitution, including the Charter of Fundamental Rights.
Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Page 3, Article 17:
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document. While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation.
Page 3, Article 18:
State defence and security organisations including Defence, Police and Intelligence Services are staffed according to the allocations approved during the transition period, mindful of the need to ensure ethnic balance and prevent acts of genocide and unconstitutional seizure of power.
Page 4, Article 22:
Conscious of the work done by the Facilitator to develop a national consensus, the parties agree that the above-mentioned provisions should be incorporated in the Constitution of Burundi, by referendum and other relevant legislation.
Page 4, Article 25:
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Committees will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to national objectives like national unity and reconciliation.
This review should enable the people of Burundi to make any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development.
Power sharing
- Political power sharingPower sharing→Political power sharing→Executive coalitionState levelPage 2, Article 10:
The President of the Republic is authorised to dismiss the Vice-Presidents.
The Vice-Presidents must come from different ethnic groups and political parties.
The Constitution stipulates the specific responsibilities of the President of the Republic and the Vice-Presidents, including their institutional relationships as members of the Presidency, as well as their relations with the Parliament and the rest of the executive.
Page 2, Article 11:
The Government, made up of a Council of Ministers, includes 60% Hutu Ministers and Vice-Ministers, and 40% Tutsi Ministers and Vice-Ministers.Power sharing→Political power sharing→Proportionality in legislatureState levelPage 2, Article 13:
The National Assembly will be composed as follows: 60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity. A minimum of 30% of the Assembly members will be women.
Page 3, Article 14
Article 14
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Page 3, Article 15:
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity. A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.Power sharing→Political power sharing→Other proportionalityState levelSub-state levelPage 3, Article 16:
The municipal administrators will be 67% Hutu and 33% Tutsi, subject to adjustment by the Senate on the basis of ethnic diversity in each commune.
Page 3, Article 19:
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity.Power sharing→Political power sharing→OtherState levelSub-state levelArticle 17
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document. While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation. - Territorial power sharing
No specific mention.
- Economic power sharingPower sharing→Economic power sharing→Fiscal federalismPage 3, Article 20:
Reorganisation of state enterprises will be ethnically balanced, using the 60/40 ratio of Hutus and Tutsis as in other state institutions, taking into account all of the actors and competencies in Burundian society. - Military power sharingPower sharing→Military power sharing→Merger of forcesPage 3, Article 18:
State defence and security organisations including Defence, Police and Intelligence Services are staffed according to the allocations approved during the transition period, mindful of the need to ensure ethnic balance and prevent acts of genocide and unconstitutional seizure of power.
Human rights and equality
- Human rights/RoL generalPage 1, Article 5:
Among other things, the Constitution includes a very brief Charter on the fundamental rights and obligations of the individual and the citizen, which guarantees equal rights for all citizens and ethnic groups.
Page 1, Article 6:
The Constitution envisages the establishment of a Constitutional Court which will ensure that the organs of the state, and other institutions and individuals, respect the provisions of the Constitution, including the Charter of Fundamental Rights.
Page 4, Article 24:
They also agree that the provisions concerning the state of law and the protection of human rights, reassure all elements of Burundian society they they will be able to work in conditions of security and dignity. - 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
- CitizenshipRights related issues→Citizenship→Citizens, specific rightsPage 1, Article 5:
Among other things, the Constitution includes a very brief Charter on the fundamental rights and obligations of the individual and the citizen, which guarantees equal rights for all citizens and ethnic groups. - DemocracyPage 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
- Creating and institutionalising a system of democratic governance;
Page 3, Article 17:
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document. While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation.
Page 4, Article 23:
They agree that these provisions represent an acceptable compromise and the necessary framework for power sharing in Burundi, creating a new order for the country based on unity, solidarity, cooperation between Burundi’s ethnic groups, democracy, peace and stability.
Page 4, Article 25:
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Committees will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to national objectives like national unity and reconciliation.
This review should enable the people of Burundi to make any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development. - Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measuresRights related issues→Protection measures→Protection of groupsPage 1,
Article 3
They agree that the constitutional and legal principles which will guarantee this outcome and will be
used to design the process of implementation, include:
• Protecting and including ethnic, cultural and religious groups in the general system of
governance; - 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 courtsPage 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
...
- Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities. - 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 4, Article 25:
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Committees will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to national objectives like national unity and reconciliation.
This review should enable the people of Burundi to make any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development. - 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, Article 2:
The representative parties in Burundi agree that they will work together to ensure that their country will never again be exposed to ethnic and political violence, to carnage, insecurity and instability, or to genocide and exclusion.
Page 1, Article 3:
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
...
- Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities.
Page 4, Article 24:
They also agree that the provisions concerning the state of law and the protection of human rights, reassure all elements of Burundian society they they will be able to work in conditions of security and dignity. - Ceasefire
No specific mention.
- PolicePage 3, Article 18:
State defence and security organisations including Defence, Police and Intelligence Services are staffed according to the allocations approved during the transition period, mindful of the need to ensure ethnic balance and prevent acts of genocide and unconstitutional seizure of power. - Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence servicesPage 3, Article 18:
State defence and security organisations including Defence, Police and Intelligence Services are staffed according to the allocations approved during the transition period, mindful of the need to ensure ethnic balance and prevent acts of genocide and unconstitutional seizure of power. - 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 generalPage 1, Article 2:
The representative parties in Burundi agree that they will work together to ensure that their country will never again be exposed to ethnic and political violence, to carnage, insecurity and instability, or to genocide and exclusion. - 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.
- ReconciliationPage 4, Article 21:
By implementing the essential measures described above, it will be possible to address the four challenges of:
...
• Establishing national unity and reconciliation
Page 4, Article 23:
They agree that these provisions represent an acceptable compromise and the necessary framework for power sharing in Burundi, creating a new order for the country based on unity, solidarity, cooperation between Burundi’s ethnic groups, democracy, peace and stability.
Page 4, Article 25:
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Committees will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to national objectives like national unity and reconciliation.
This review should enable the people of Burundi to make any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development.
Implementation
- UN signatoryWitness:
UN Representative. - Other international signatoryWitnesses:
Facilitator of Burundi Peace Process, Representative of African Union, UN Representative - Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- Sourcehttp://peacemaker.un.org/
BURUNDI POWER SHARING AGREEMENT
Having initiated a long consultation process with the Burundian political parties, and Burundian civil society, on the issue of power sharing, the Facilitators have concluded that the following consensus exists among the Burundian people:
Article 1
The parties concur with the Arusha Agreement on Peace and Reconciliation in Burundi and the Global Ceasefire Agreements.
Article 2
The representative parties in Burundi agree that they will work together to ensure that their country will never again be exposed to ethnic and political violence, to carnage, insecurity and instability, or to genocide and exclusion.
Article 3
They agree that the constitutional and legal principles which will guarantee this outcome and will be used to design the process of implementation, include:
Creating and institutionalising a system of democratic governance;
Including minority political parties in the general system of governance;
Protecting and including ethnic, cultural and religious groups in the general system of governance;
Building a national security and justice system in order to guarantee the security of all Burundians, including ethnic minorities.
Article 4
The Post-Transition Constitution fully expounds these principles.
Article 5
Among other things, the Constitution includes a very brief Charter on the fundamental rights and obligations of the individual and the citizen, which guarantees equal rights for all citizens and ethnic groups.
Article 6
The Constitution envisages the establishment of a Constitutional Court which will ensure that the organs of the state, and other institutions and individuals, respect the provisions of the Constitution, including the Charter of Fundamental Rights.
Article 7
Every political party will be open to every Burundian, and their national status will be reflected in their organisational structure.
Political parties are strictly forbidden to endorse exclusion, violence or hatred in any form, and in particular when directed at individuals on ethnic, tribal, religious or regional grounds.
Article 8
They also agree that the lists of candidates presented by these parties for the elections which will be held according to the principles of direct universal suffrage should be of an inclusive, multi-ethnic nature and address the imperative of gender equality.
Article 9
The Burundians also agree that in exercising his executive powers, the President of the Republic, elected by universal suffrage (except in the first elections) will be assisted by two Vice-Presidents.
The President of the Republic will nominate the Vice-Presidents whose candidature he will submit for prior approval by the two Chambers of Parliament elected by the people.
Article 10
The President of the Republic is authorised to dismiss the Vice-Presidents.
The Vice-Presidents shall come from different ethnic groups and political parties.
The Constitution stipulates the specific responsibilities of the President of the Republic and the Vice-Presidents, including their institutional relationships with each other as members of the Presidency, as well as their relations with the Parliament and the rest of the executive.
Article 11
The Government, made up of a Council of Ministers, shall include 60% Hutu Ministers and Vice-Ministers, and 40% Tutsi Ministers and Vice-Ministers, taking into account their general representation.
Article 12
Any party gaining at least 5% of votes cast for members of the National Assembly is entitled to serve on the Council of Ministers, in proportion to its representation in the National Assembly.
Article 13
The National Assembly will be composed as follows:
60% of Assembly members will be Hutu, 40% of Assembly members will be Tutsi and 3 Assembly Members will be of the Twa ethnicity.
A minimum of 30% of the Assembly members will be women.
Article 14
In order to ensure that the ethnic and gender balance specified in the 2000 Arusha Agreement for Peace and Reconciliation is realised a co-optation mechanism will be used to address any imbalance which may result from the elections.
In this regard, in addition to the directly elected assembly members, a number of seats will be distributed, through the co-optation mechanism, among the parties which reach the threshold.
Article 15
The Senate will be constituted on the basis of 50/50% representation between the Hutus and Tutsis, plus 3 senators of Twa ethnicity.
A minimum of 30% of the senators will be women.
Amongst other powers, the Senate will be endowed with the authority to approve amendments to the Constitution and constitutional law, and to monitor compliance with constitutional provisions requiring ethnic, tribal, religious, cultural, regional and gender diversity and balance in all structures and institutions of the state.
Article 16
The municipal administrators will be 67% Hutu and 33% Tutsi, subject to adjustments which may be introduced by the Senate on the basis of actual ethnic diversity in each commune.
Article 17
As is normal and acceptable in every democracy, political parties will be free to create their own agreements and coalitions which may affect any power sharing between them, without affecting the shares specified in this document.
While these will be permitted, given their private nature, these will be separate from anything stipulated in the Constitution or in legislation.
Article 18
State defence and security organisations including Defence, Police and Intelligence Services are staffed according to the allocations approved during the transition period, mindful of the need to ensure ethnic balance and prevent acts of genocide and unconstitutional seizure of power.
Article 19
The composition of the state administration is representative of the Burundian nation, reflecting the diversity of its people, including their gender and ethnicity.
Article 20
Reorganisation of state enterprises will be ethnically balanced, using the 60/40 ratio of Hutus and Tutsis as in other state institutions, taking into account all of the actors and competencies in Burundian society.
Article 21
By implementing the essential measures described above, it will be possible to address the four challenges of:
Reassuring the entire population of Burundi
Guaranteeing the country’s stability
Establishing national unity and reconciliation
Ensuring political, economic and socially inclusive stability.
Article 22
Conscious of the work done by the Facilitator to develop a national consensus, the parties agree that the above-mentioned provisions should be incorporated in the Constitution of Burundi, by referendum and other relevant legislation.
Article 23
They agree that these provisions represent an acceptable compromise and the necessary framework for power sharing in Burundi, creating a new order for the country based on unity, solidarity, cooperation between Burundi’s ethnic groups, democracy, peace and stability.
Article 24
They also agree that the provisions concerning the state of law and the protection of human rights, reassure all elements of Burundian society they they will be able to work in conditions of security and dignity.
Article 25
They also agree that within five years of creating the institutions foreseen in the new Constitution, the Government, the Parliament and the appropriate National Councils will carry out an inclusive national consultation, to assess how effectively the above measures have contributed to such national objectives as national unity and reconciliation.
This review should enable the people of Burundi to update any constitutional, legal, political and institutional measures needed to ensure that the country attains the fundamental goals of democracy, peace, national unity and reconciliation, and development.
Article 26
The parties wish to express their sincere appreciation for the work done by the Facilitator in order to promote and expedite the Burundi Peace Process, and ask the Facilitator to remain committed to the future of Burundi.
Done and signed in Pretoria, August 6, 2004
Parties to the Arusha Agreement and the ceasefire agreements
Signatures