The Protocol on Outstanding Issues of Political, Defence and Security Power Sharing in Burundi ('Pretoria II Protocol')

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Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
The Protocol on Outstanding Issues of Political, Defence and Security Power Sharing in Burundi ('Pretoria II Protocol')
Date
2 Nov 2003
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Burundian Civil War (1993-2005) )
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Burundi: Arusha and related peace process
Parties
For the Transitional Government of Burundi
His Execellency Domitien Ndayizeye
President of the Republic of Burundi

For the CNDD-FDD Movement,
Mr Pierre Nkurunziza
Legal Representative of the CNDD-FDD Movement
Third parties
'In the presence of' Jacob Zuma, Deputy President of the Republic of South Afirca, Facilitator of the Burundi Peace Process
Description
This short agreement deals with the transformation of the CNDD-FDD into a political party, temporary immunity, aspects of senate, and finalisation of forces technical agreement, and reconstitution of transitional government of Burundi.

Agreement document
BI_031102_Protocol on Outstanding Issues.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
Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
Electoral commission
No specific mention.
Political parties reform
Governance→Political parties reform→Rebels transitioning to political parties
Page 2, 1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY:
The parties confirmed the agreement contained 1n the Communique of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:
As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD FDD is being integrated, and would mean that they qualify to register as a political party.

Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
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 3, 5. RECONSTITUTION OF THE TRANSITIONAL GOVERNMENT OF BURUNDI:
The parties agreed that the Transitional Government of Burundi shall be reconstituted to include members of the CNDD-FDD not later than three (3) weeks from the signing of this Protocol.

Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
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
Page 1, Preamble:
...
Take note of the commitments of the TGoB and the CNDD-FDD to reach an all embracing agreement for the achievement of lasting peace, security and stability in Burundi;
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 2, 1. TEMPORARY IMMUNITY:
2.1. The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.
2.2. They agreed that this shall also apply to the security forces of the Government of Burundi.

Page 3, 3. SENATE:
3.1. The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147: 9 of the Transitional Constitution relating to the powers of the Senate remained in force.
3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.
They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.
DDR
Security sector→DDR→DDR programmes
Page 2, 1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY:
The parties confirmed the agreement contained 1n the Communique of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:
As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD FDD is being integrated, and would mean that they qualify to register as a political party.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 2, 1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY:
The parties confirmed the agreement contained 1n the Communique of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:
As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD FDD is being integrated, and would mean that they qualify to register as a political party.

Page 2, 1. TEMPORARY IMMUNITY:
2.1. The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.
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
Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, 1. TEMPORARY IMMUNITY:
2.1. The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.
2.2. They agreed that this shall also apply to the security forces of the Government of Burundi.
2.3. They agreed to establish a Joint Commission, which shall study individual cases of civilians currently serving sentence to determine that they should be granted temporary immunity.
Courts
No specific mention.
Mechanism
Page 2, 1. TEMPORARY IMMUNITY:
...
2.4. They endorsed the agreements contained in the Arusha Peace and Reconciliation Agreement providing for the establishment of the International Criminal Tribunal and the National Truth and Reconciliation Commission.
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
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
http://peacemaker.un.org/

THE PRETORIA PROTOCOL ON OUSTANDING POLITICAL, DEFENCE AND SECURITY POWER SHARING ISSUES IN BURUNDI

PREAMBLE

The Transitional Government of Burundi (hereafter referred to as "TGoB") and the National Council for the Defence of Democracy — Forces for Defence of Democracy (hereafter referred to as CNDD-FDD") both hereafter referred to as "the Parties", hereby;

Take note of the commitments of the TGoB and the CNDD-FDD to reach an all embracing agreement for the achievement of lasting peace, security and stability in Burundi;

Acknowledge the principles and objectives of the Arusha Peace and Reconciliation Agreement for Burundi and the Transitional Constitution of the Republic of Burundi;

Reaffirm their commitment to the Ceasefire Agreement between the Parties signed in Arusha on 2 December 2002 as well as the Joint Declaration of Agreement addressing the practical implementation of the December 2002 Ceasefire Agreement, signed in Pretoria on 27 January 2003;

Acknowledge further the Dar es Salaam Communiqué of the Regional Summit of 20 July 2003 re-committing the parties to a negotiated framework to resolve all outstanding issues related to Political Power Sharing and Technical Forces Agreement;

Recognise that the conflict in Burundi requires an inclusive dialogue and participation of all political groups and movements;

Conscious of the need to give impetus to the implementation of the content, and spirit of the various agreements reached on the Burundi Peace Process;

Complementing the Pretoria Protocol on Political, Defence and security in Burundi signed on 8 October 2003;

Hereby agree to engage in the following process in order to effect the power sharing agreement in terms of paragraphs 1.1.12 and 1.1.15 of the December 2002 Ceasefire Agreement between the CNDD-FDD and the Transitional Government of Burundi.

1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY

The parties confirmed the agreement contained in the Communiqué of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:

As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD-FDD is being integrated, and would mean that they qualify to register as a political party, I 2.

TEMPORARY IMMUNITY

2.1 The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.

2.2 They agreed that this shall also apply to the security forces of the Government of Burundi.

it 2.3 They agreed to establish a Joint Commission, which shall study individual cases of civilians currently serving sentence to determine that they should be granted temporary immunity.

2.4 They endorsed the agreements contained in the Arusha Peace and Reconciliation Agreement providing for the establishment of the International Criminal Tribunal and the National Truth and Reconciliation Commission.

Complementing the Pretoria Protocol on Political, Defence and security in Burundi signed on 8 October 2003;

1. TRANSFORMATION OF THE CNDD-FDD INTO A POLITICAL PARTY

The parties confirmed the agreement contained in the Communiqué of the Regional Consultative Meeting on Burundi on 20 July 2003 as follows:

As soon as the process of cantonment begins, that action will indicate that the armed wing of the CNDD-FDD is being integrated, and would mean that they qualify to register as a political party

2. TEMPORARY IMMUNITY

2.1 The parties agreed that all leaders and combatants of the CNDD-FDD shall receive temporary immunity.

2.2 They agreed that this shall also apply to the security forces of the Government of Burundi.

it 2.3 They agreed to establish a Joint Commission, which shall study individual cases of civilians currently serving sentence to determine that they should be granted temporary immunity.

3. SENATE

3.1 The CNDD-FDD indicated that it would not be able to participate in the Senate, while Article 147:

9 of the Transitional Constitution relating to the powers of the Senate remained in force.

3.2 The parties agreed that the CNDD-FDD would participate in the implementation of all the agreements that they have signed without requiring that the matter of its participation in the Senate is resolved.

3.3 They agreed that the CNDD-FDD may raise the question of its participation in the Senate again in future before the elections provided for in the Arusha Peace and Reconciliation Agreement, should it determine that it is necessary to do so.

l i 3.4 The Transitional Government of Burundi agreed that in such an eventuality it would agree to a further discussion of this matter.

4. FORCES TECHNICAL AGREEMENT

The parties approved and signed the final text of the Forces Technical Agreement.

5. RECONSTITUTION OF THE TRANSITIONAL GOVERNMENT OF BURUNDI

The parties agreed that the Transitional Government of Burundi shall be reconstituted to include members of the CNDD-FDD not later than three (3) weeks from the signing of this Protocol.

Done in Pretoria, South Africa on 2 November 2003

For the Transitional Government of Burundi

His Execellency Domitien Ndayizeye

President of the Republic of Burundi

For the CNDD-FDD Movement,

Mr Pierre Nkurunziza

Legal Representative of the CNDD-FDD Movement

In the presence of Jacob Zuma, Deputy President of the Republic of South Africa,

Facilitator of the Burundi Peace Process