Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi

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Country/entity
Burundi
Region
Africa (excl MENA)
Agreement name
Dar-es-Salaam Agreement on Principles Towards lasting Peace, Security, and Stability in Burundi
Date
18 Jun 2006
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Burundian Civil War (1993-2005) )
Stage
Framework/substantive - comprehensive
Conflict nature
Government
Peace process
Burundi: Arusha and related peace process
Parties
The Governenment of Burundi and the Palipehutu-FNL

In the presence of :
...
- H.E. Pierre Nkurunziza, President of the Republic of Burundi

Signatory Party:
For the Government of Burundi - Name of the Representative: H.E. Evariste Ndayishimiye
Title: Head of the Burundi Government Delegation

For the Palipehutu-FNL - Name of the Representative: H.E. Agathon Rwasa
Title: Chairman
Third parties
Having participated in the talks facilitated by the Minister of Safety and Security of the Republic of South Africa, His Excellency Charles Nqakula, in terms of the mandate of the Regional Initiative for Peace in Burundi.

In the presence of :
- H.E. Jakaya Mrisho Kikwete, Deputy Chairperson of the Regional Initiative on the Burundi Peace Process;
- H.E. Charles Nqakula, Facilitaor;
- H.E. Ambassador Mamadou Bah, Representative of the Chairperson of the African Union Commission;
- H.E. Ambassador Nureldin Satti, Special Representative of the United Nations, Secretary General Kofi Anan;
Description
This agreement defines comprehensive principles for peace and security in between the Government of Burundi and the FNL. It addresses the following dimensions: I. The History of Burundi and the Ethnic Question; II. Provisional Immunity for the members of the Palipehutu-FNL and its Transformation into a Political Party; III. Repatriation of Refugees and Return of the Displaced and Regrouped Persons; IV. Defence and Security Forces; V. Guarantors of the Process; VI: Non-engagement in Attacks.

Agreement document
BI_060618_Dar es salaam agreement of principles_BAD.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
Groups→Racial/ethnic/national group→Rhetorical
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Religious groups
Groups→Religious groups→Rhetorical
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Groups→Refugees/displaced persons→Substantive
Page 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
1. It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their homes of the people who were regrouped and who were displaced.
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.

Page 10, Annexure "A", Chapter 3: THE REPATRIATION OF REFUGEES AND THE RETURN OF DISPLACED AND REGROUPED PEOPLE, Article 5:
It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their homes of the people who were regrouped and who were displaced.
The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.
Social class
Groups→Social class→Rhetorical
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Gender

Women, girls and gender
Page 4, Article 1. The history of Burundi and the Ethnic Question:
...
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Page 9, Annexure A, Chapter 1. The history of Burundi and the Ethnic Question, Article 2
The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.
Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Men and boys
Gender→Men and boys→Gender neutral wording
Article I.3. The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding die dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Annexure A
Chapter 1, Article 2 - restates Article I.3.
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
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
2. A commission of experts with the mandate to rewrite Hie history of Burundi shall be created. These experts shall consult all the components of Burundi society.
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
4. Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation.
5. The Palipelihutu-FNL proposes to the Burundi people that the consultations should Iead to a social contract.

Page 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
...
2. After the effective separation of the political branch and the military branch, the Palipebutu-FNL could request to be accredited as a political party in accordance with the law.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 1: A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission.
...
Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation. The Palipelihutu-FNL proposes to the Burundi people that the consultations should Iead to a social contract.

age 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. T
..
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Power sharing→Military power sharing→Proportionality
Page 11, ANNEXURE "B":
..
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Human rights and equality

Human rights/RoL general
Page 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
...
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.
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
Page 3, Untitled Preamble,
Realising that the search for peace has become of capital importance for our country to enjoy freedom, democracy, justice and peace, and for Burundi to be respected in the international community;

Page 5, Article IV. DEFENCE AND SECURITY FORCES:
...
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
...
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
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 5, Article IV. DEFENCE AND SECURITY FORCES:
...
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
...
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
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 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
...
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.
Ceasefire
Security sector→Ceasefire→Ceasefire provision
Page 5, Article VI:
Having agreed to all the foregoing principles, the Parties agree to stop hostilities and commit to engage in serious discussions aimed at reaching a comprehensive ceasefire within a period of two weeks.
Police
Page 5, Article IV. DEFENCE AND SECURITY FORCES:
1. The overarching principle grading the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. The Regional initiative shall remain the guarantor of this process.
The current, mechanism for the oversight of the Defence and Security Forces shall be strengthened.
The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
Armed forces
Page 5, Article IV. DEFENCE AND SECURITY FORCES:
1. The overarching principle grading the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.
2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Page 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. The Regional initiative shall remain the guarantor of this process.
The current, mechanism for the oversight of the Defence and Security Forces shall be strengthened.
The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
1. From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity. A procedure for the release of political prisoners and prisoners of war shall also start.
2. After the effective separation of the political branch and the military branch, the Palipebutu-FNL could request to be accredited as a political party in accordance with the law.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 3:
From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 4:
After the effective separation of the political branch and the military branch, the Palipebutu-FNL could request to be accredited as a political party in accordance with the law.

Page 11, ANNEXURE "B":
..
The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.
The transformation or ongoing, reform and modernisation of the Defence and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.
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 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
1. From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 3:
From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FN
Courts
No specific mention.
Mechanism
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
1. In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long. It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country. It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.
2. A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
4. Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation.
5. The Palipelihutu-FNL proposes to the Burundi people that the consultations should Iead to a social contract.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Untitled Introduction:
In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long. It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country. It has also proven important to put in place mechanisms to ensure that the mistakes of tbe past are never repeated.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 1: A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.

Page 9, Annexure "A", Chapter 1: THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION, Article 2: The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.
Prisoner release
Page 4, Article II. PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY:
1. From the start of the effective implementation of the ceasefire, the members of the Palipebutu-FNL shall enjoy provisional immunity. A procedure for the release of political prisoners and prisoners of war shall also start.

Page 9, Annexure "A", Chapter 2: PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY, Article 3:
...
A procedure for the release of political prisoners and prisoners of war shall also start.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 4, Article 1. THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION:
...
3. The Truth and Reconciliation Commission should be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Implementation

UN signatory
Acting Special Representative of the UN Secretary General in Burundi is a co-signatory.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 5, Article III. REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS:
...
2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution.

age 11, ANNEXURE "B":
The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora. The Regional initiative shall remain the guarantor of this process.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
http://peacemaker.un.org/

DAR ES SALAAM

AGREEMENT OF PRINCIPLES

TOWARDS LASTING PEACE,

SECURITY AND STABILITY IN

BURUNDI

Dar Es Salaam

18 June 2006

CONTENTS

Page

DAR ES SALAAM AGREEMENT FOR THE ATTAINMENT

OF LASTING PEACE, SECURITY AND STABILITY IN BURUNDI 1

PREAMBLE.......................................................................................................................... 1

Article I:

The History of Burundi and the Ethnic Question................................................ 2

Article II:

Provisional Immunity for the members of the Palipehutu-FNL

and its Transformation into a Political Party........................................................ 2

Article III:

Repatriation of Refugees and Return of the Displaced and Regrouped

Persons............................................................................................................. 3

Article IV:

Defence and Security Forces............................................................................ 3

Article V:

Guarantors of the Process................................................................................. 3

Article VI:

Non-engagement in attacks............................................................................... 3

Article VII:

Annexures.......................................................................................................... 3

Article VIII:

Commencement of this Agreement................................................................... 4

Article IX:

Language of this Agreement.............................................................................. 4

Signatory Parties ................................................................................................................. 5

Co-signatory Parties ............................................................................................................ 6

DAR ES SALAAM AGREEMENT OF PRINCIPLES TOWARDS LASTING

PEACE, SECURITY AND STABILITY IN BURUNDI

We, the representatives of

The Government of the Republic of Burundi

Acting in terms of the Constitution of the Country

And

The Palipehutu-FNL

(Hereinafter referred to as “The Parties”)

Having participated in the talks facilitated by the Minister of Safety and Security of the Republic of South Africa, His Excellency Charles NQAKULA, in terms of the mandate of the Regional Initiative for Peace in Burundi;

Realising that the search for peace has become of capital importance for our country to enjoy freedom, democracy, justice and peace and for Burundi to be respected in the international commentary;

Determined to overcome our differences in all their forms of manifestation to promote our aspirations for unity and the consolidation of the common good for all the Burundi people;

In the presence of:

H.E. Jakaya Mrisho Kikwete, Deputy Chairperson of the Regional Initiative on the Burundi Peace Process

H.E. Charles Nqakula, Facilitator

H.E. Thabo Mbeki, President of the Republic of South Africa

H.E. Ambassador Mamadou Bah, Representative of the Chairperson of the African Union Commission

H.E. Ambassador Nureldin Satti, Special Representative of the United Nations Secretary General Kofi Anan

H.E. Pierre Nkurunziza, President of the Republic of Burundi

Do hereby declare and commit ourselves to be bound by the provisions of the Dar es Salaam Agreement of Principles towards Lasting Peace, Security and Stability in Burundi (hereinafter referred to as “the Agreement”).

Article 1

THE HISTORY OF BURUNDI AND THE ETHNIC QUESTON

In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long.

It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country.

It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.

A commission of experts with the mandate to rewrite the history of Burundi shall be created.

These experts shall consult all the components of Burundi society.

The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.

Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Burundi.

It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Popular consultations shall be organised from grassroots level to the top.

Its establishment, the plan of its composition, its missions and functioning will be considered by national legislation.

The Palipehutu-FNL proposes to the Burundi people that the consultations should lead to a social contract.

Article II

PROVISIONAL IMMUNITY FOR THE MEMBERS OF THE PALIPEHUTU-FNL

AND ITS TRANSFORMATION INTO A POLITICAL PARTY

From the start of the effective implementation of the ceasefire, the members of the Palipehutu-FNL shall enjoy provisional immunity.

A procedure for the release of political prisoners and prisoners of war shall also start.

After the effective separation of the political branch and the military branch, the Palipehutu-FNL could request to be accredited as a political party in accordance with the law.

Article III

REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS

It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their houses of the people who were regrouped and who were displaced.

The Regional Initiative for Peace in Burundi, the AU and UN shall ensure that no repatriated person shall be the target of persecution.

The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.

Article IV

DEFENCE AND SECURITY FORCES

The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.

The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Article V

The Regional Initiative shall remain the guarantors of this process.

Article VI

Having agreed to all the foregoing principles, the Parties agree to stop hostilities and commit to engage in serious discussions aimed at reaching a comprehensive ceasefire within a period of two weeks.

Article VII

Annexures marked “A” and “B” attached hereto constitute part of this agreement.

Article VIII

This Agreement shall come into force on the date of its signature.

Article IX

This Agreement is drawn up in French and English and shall be translated into Kirundi and Kiswahili.

The French text shall take precedence and shall be filed with the Offices of the Secretary General of the United Nations, the Secretary General of the African Union Commission and the Parties.

SIGNED in DAR ES SALAAM on this 18th day of June 2006.

SIGNATORY PARTIES

For the Government of Burundi

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Name of Representative:

H.E. Evariste NDAYISHIMIYE

Title:

Head of the Burundi Government Delegation

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For the Palipehutu-FNL

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Name of Representative:

H.E. Agathon RWASA

Title:

Chairman

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CO-SIGNATORIES

H.E. Charles NQAKULA, Facilitator

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H.E. Jakaya Mrisho KIKWETE, Deputy Chairperson, Regional Initiative

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H.E. Thabo MBEKI, President of the Republic of South Africa

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H.E. Ambassador Mamadou BAH, Representative of the Chairperson of the African Union Commission

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H.E. Ambassador Nureldin SATI, Acting Special Representative of the United Nations Secretary General in Burundi

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ANNEXURE “A”

CHAPTER 1:

The history of Burundi and the ethnic question

In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long.

It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country.

It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.

Article 1

A commission of experts with the mandate to rewrite the history of Burundi shall be created.

These experts shall consult all the components of the Burundi society.

Article 2

The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.

Its mission shall be to establish the facts regarding the dark periods in our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Burundi.

It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Popular consultations shall be organised from grassroots level to the top.

Its establishment, the plan of its composition.

Its mission and functioning will be consecrated by rational legislation.

The Palipehutu-FNL proposes to the Burundi people that the consultations should lead to a social contract.

CHAPTER 2:

Provisional immunity of the members of the Palipehutu-FNL and its transformation into a political party.

Article 3

From the start of the effective implementation of the ceasefire, the members of the Palipehutu-FNL shall enjoy provisional immunity.

A procedure for the release of political prisoners and prisoners of war shall also start.

Article 4

After the effective separation of the political branch and the military branch the Palipehutu-FNL could request to be accredited as a political party in accordance with the law.

CHAPTER 3:

The repatriation of refugees and the return of displaced and regrouped people

Article 5

It would be necessary to create an environment that is favourable to the repatriation of refugees and the return of the people who were regrouped and who were displaced from their horries.

The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution.

The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid a forced repatriation.

ANNEXURE “B”

The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other International fora.

The Regional Initiative shall remain the guarantor of this process.

The current mechanism for the oversight of the Defence and Security Forces shall be strengthened.

The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.

The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defences and Security Forces.

The transformation or ongoing reform and modernisation of the Defences and Security Forces shall be subject to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.