Protocol I

Nature of the Burundi Conflict,
Problems of Genocide and Exclusion and Their Solutions

Preamble

We, the Parties

Having analysed the historical causes of the conflict in Burundi during the precolonial, colonial and post-colonial periods,

Having engaged in a lengthy, exhaustive, introspective and frank debate on the perceptions, root causes, practice and ideology of genocide, war crimes and other crimes against humanity, the role of the national political class and institutions in this regard, the regional and international context in which they occur and their manifestation in Burundi,

Having also discussed the origins and evolution, causes and manifestations of exclusion in Burundi,

Resolved to eradicate genocide and to reject all forms of division, discrimination and exclusion,

Motivated by the concern to work towards national reconciliation,

Have agreed as follows:

Chapter I
Nature and Historical Causes of the Conflict

Article 1
Precolonial period

1. During the precolonial period, all the ethnic groups inhabiting Burundi owed allegiance to the same monarch, Umwami, believed in the same god, Imana, had the same culture and the same language, Kirundi, and lived together in the same territory. Notwithstanding the migratory movements that accompanied the settlement of the various groups in Burundi, everyone recognized themselves as Barundi.
   
   
2. The existence of Bashingantahe who came from among the Baganwa, the Bahutu and the Batutsi and were judges and advisors at all levels of power was, inter alia, a factor in promoting cohesion.
   
   
3. As a result of the mode of management of national affairs, there were no known ethnic conflicts between the various groups during this period.
   
   
4. Nevertheless, certain traditional practices such as Ukunena, Ukwihutura, Ubugeregwa, Ubugabire, Ukunyaga, Ukwangaza, Ugutanga ikimazi-muntu, Ugushorerwako inka and others could, depending on the circumstances, constitute sources of injustice and of frustration both among the Bahutu and the Batutsi and among the Batwa.

Article 2
Colonial period

1. The colonial administration, first German and then Belgian under a League of Nations mandate and United Nations trusteeship, played a decisive role in the heightening of frustrations among the Bahutu, the Batutsi and the Batwa, and in the divisions which led to ethnic tensions.
   
   
2. In the context of a strategy of "divide and rule", the colonial administration injected and imposed a caricatured, racist vision of Burundian society, accompanied by prejudices and clichés relating to morphological considerations designed to set the different components of Burundi's population against one another on the basis of physical characteristics and character traits.
   
   
3. It also introduced an identity card which indicated ethnic origin, thus reinforcing ethnic awareness to the detriment of national awareness. This also enabled the colonizer to accord specific treatment to each ethnic group in accordance with its theories.
   
   
4. It manipulated the existing system to its advantage by resorting to discriminatory practices.
   
   
5. Moreover, it undertook to destroy certain cultural values that until then had constituted a factor for national unity and cohesion.
   
   
6. On the eve of independence the colonizer, sensing that its power was threatened, intensified divisionist tactics and orchestrated socio-political struggles. However, the charismatic leadership of Prince Louis Rwagasore and his colleagues made it possible for Burundi to avoid political confrontation based on ethnic considerations and enabled it to attain independence in peace and national harmony.

Article 3
Post-colonial period

1. Since independence, and throughout the different regimes, there have been a number of constant phenomena which have given rise to the conflict that has persisted up to the present time: massive and deliberate killings, widespread violence and exclusion have taken place during this period.
   
   
2. Views differ as to the interpretation of these phenomena and their influence on the current political, economic and socio-cultural situation in Burundi, as well as of their impact on the conflict.
   
   
3. Nevertheless, without prejudice to the results and conclusions of the International Judicial Commission of Inquiry and National Truth and Reconciliation Commission to be established pursuant to Chapter II of the present Protocol in order to shed light on these phenomena, the Parties recognize that acts of genocide, war crimes and other crimes against humanity have been perpetrated since independence against Tutsi and Hutu ethnic communities in Burundi.

Article 4
Nature of the Burundi conflict

With regard to the nature of the Burundi conflict, the Parties recognize that:

1. The conflict is fundamentally political, with extremely important ethnic dimensions;
   
   
2. It stems from a struggle by the political class to accede to and/or remain in power.

In the light of the foregoing, the Parties undertake to abide by the principles and implement the measures set forth in Chapter II of the present Protocol.

Chapter II
Solutions

Article 5
General political measures

1. Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people.
   
   
2. A reorganization of the State institutions to make them capable of integrating and reassuring all the ethnic components of Burundian society.
   
   
3. Speedy establishment of the transitional institutions pursuant to the provisions of Protocol II to the Agreement.
   
   
4. Orientation of political parties' programmes towards the ideals of unity and national reconciliation and of socio-economic development rather than the protection of a specific component of the Burundian people.
   
   
5. Adoption of constitutional provisions embodying the principle of separation of powers (executive, legislative and judicial), pursuant to the provisions of Protocol II to the Agreement.
   
   
6. Enactment of an electoral law that takes into account the concerns and interests of all components of the nation on the basis of the provisions of Protocol II to the Agreement.
   
   
7. Prevention of coups d'état.

Article 6
Principles and measures relating to genocide, war crimes and other crimes against humanity

Political principles and measures

1. Combating the impunity of crimes.
   
   
2. Prevention, suppression and eradication of acts of genocide, war crimes and other crimes against humanity, as well as violations of human rights, including those which are gender-based.
   
   
3. Implementation of a vast awareness and educational programme for national peace, unity and reconciliation.
   
   
4. Establishment of a national observatory for the prevention and eradication of genocide, war crimes and other crimes against humanity.
   
   
5. Promotion of regional cooperation to establish a regional observatory for the prevention and eradication of genocide, war crimes and other crimes against humanity.
   
   
6. Promotion of a national inter-ethnic resistance front to combat genocide, war crimes and other crimes against humanity, as well as generalization and collective attribution of guilt.
   
   
7. Erection of a national monument in memory of all victims of genocide, war crimes and other crimes against humanity, bearing the words "NEVER AGAIN".
   
   
8. Institution of a national day of remembrance for victims of genocide, war crimes and other crimes against humanity, and taking of measures that would facilitate the identification of mass graves and ensure a dignified burial for the victims.

Principles and measures in the area of justice

9. Enactment of legislation to counter genocide, war crimes and other crimes against humanity, as well as human rights violations.
   
   
10. Request by the transitional Government for the establishment by the United Nations Security Council of an International Judicial Commission of Inquiry on genocide, war crimes and other crimes against humanity responsible for:
    
    
    1. Investigating and establishing the facts relating to the period from independence to the date of signature of the Agreement;
       
       
    2. Classifying them;
       
       
    3. Determining those responsible;
       
       
    4. Submitting its report to the United Nations Security Council;
       
       
    5. The Commission shall make use of all the reports that already exist on this subject, including the 1985 Whitaker report, the 1994 non-governmental organizations' report, the 1994-1994 report by ambassadors and the 1996 report of the United Nations International Commission of Inquiry.
    
    

11. Request by the Government of Burundi for the establishment by the United Nations Security Council of an international criminal tribunal to try and punish those responsible should the findings of the report point to the existence of acts of genocide, war crimes and other crimes against humanity.

Article 7
Principles and measures relating to exclusion

1. Constitutional guarantees of the principle of the equality of rights and duties for all citizens, men and women, and all the ethnic, political, regional and social components of Burundian society.
   
   
2. Combating conflict-generating injustices of all kinds.
   
   
3. Banning of all political or other associations advocating ethnic, regional, religious or gender discrimination or ideas contrary to national unity.
   
   
4. Deliberate promotion of disadvantaged groups, particularly the Batwa, to correct the existing imbalances in all sectors. This exercise shall be conducted, while maintaining professionalism and avoiding the quota system, in accordance with a timetable starting at the same time as the transition period.

Principles and measures relating to public administration

5. A qualified, efficient and responsible administration that shall work in the general interest and promote balance, including gender balance.
   
   
6. A transparent administration committed to the sound management of public affairs.
   
   
7. Training, in such a way as to include all the components of Burundian society, of civil servants, particularly for regional and local government, by establishing a national school of administration.
   
   
8. Equal opportunities of access to this sector for all men and women through strict respect for, or the introduction of, laws and regulations governing the recruitment of State personnel and the staff of public and parastatal enterprises, as well as through transparency of competitive entrance examinations.
   
   
9. Depoliticization of the public administration to ensure its stability; in this respect, there is a need for legislation that will distinguish between political and technical functions; staff in the first category may change with the Government, whereas the technical staff must be guaranteed continuity.
   
   
10. Reinstatement of former refugees, taking into account experience gained before and during their exile.

Principles and measures relating to education

11. Equitable regional distribution of school buildings, equipment and textbooks throughout the national territory, in such a way as to benefit girls and boys equally.
    
    
12. Deliberate promotion of compulsory primary education that ensures gender parity through joint financial support from the State and the communes.
    
    
13. Transparency and fairness in non-competitive and competitive examinations.
    
    
14. Restoration of the rights of girls and boys whose education has been interrupted as a result of the Burundi conflict or of exclusion, by effectively reintegrating them into the school system and later into working life.

Principles and measures relating to the defence and security forces

15. Clear definition of the roles of the defence and security forces.
    
    
16. Organization of the defence and security forces as a voluntary and professional entity, and their modernization.
    
    
17. Relevant reforms to correct the ethnic, gender and regional imbalances within these forces pursuant to the relevant provisions of Protocol III to the Agreement.

Principles and measures relating to justice

18. Pursuant to the relevant provisions of Protocol II to the Agreement:
    
    
    1. Promotion of impartial and independent justice. In this respect, all petitions and appeals relating to assassinations and political trials shall be made through the National Truth and Reconciliation Commission established pursuant to the provisions of article 8 of the present Protocol;
       
       
    2. Reform of the judicial machinery at all levels, inter alia with a view to correcting ethnic and gender imbalances where they exist;
       
       
    3. Amendment of laws where necessary (Criminal Code, Code of Criminal Procedure, Civil Code, Nationality Act, etc.);
       
       
    4. Reform of the Judicial Service Commission so as to ensure its independence and that of the judicial system;
       
       
    5. Organization of a judicial training programme, inter alia through the establishment of a National School for the Magistracy;
       
       
    6. Provision of adequate human and material resources for the courts;
       
       
    7. Establishment of the post of Ombudsperson.

Principles and measures relating to the economy

19. Equitable apportionment and redistribution of national resources throughout the country.
    
    
20. Urgent implementation of an economic recovery programme with a view to combating poverty and raising the income of the people and of a programme for the reconstruction of destroyed economic infrastructures.
    
    
21. Legislation and structures for combating financial crime and corruption (tax legislation, customs legislation, legislation on public markets, etc.).
    
    
22. Recovery of State property plundered by some citizens.
    
    
23. Introduction of incentives for economic development in the context of fairness and harmony.
    
    
24. Development of the private sector by means of incentives with a view to creating new jobs and reducing the burden and pressures on the public sector.

Principles and measures relating to social services

25. Pursuant to the relevant provisions of Protocol IV to the Agreement:
    
    
    1. Equitable distribution of and access to social infrastructures, particularly schools and hospitals;
       
       
    2. Promotion of a policy of assumption by the communes of responsibility for their own affairs, in the context of decentralization;
       
       
    3. Definitive resolution of the issues relating to refugees, displaced persons, regrouped persons, dispersed persons and other sinistrés: rehabilitation, resettlement, reintegration and compensation for plundered property;
       
       
    4. Return to the rightful successors of the victims of the various crises of property confiscated by certain bodies or by the State or stolen by third parties: movable and immovable property, bank and Savings Bank (CADBU) assets, contributions to the Social Security Fund (INSS);
       
       
    5. Establishment of a National Commission for the Rehabilitation of Sinistrés to benefit the victims of the various crises;
       
       
    6. Establishment by the State of mechanisms to facilitate the recovery and repatriation of refugees' assets abroad.

Cultural principles and measures

26. Education of the population, particularly of youth, in positive traditional cultural values such as solidarity, social cooperation, forgiveness and mutual tolerance, Ibanga (discretion and sense of responsibility), Ubupfasoni (respect for others and for oneself) and Ubuntu (humanism and character).
    
    
27. Rehabilitation of the institution of Ubushingantahe.

Article 8
Principles and measures relating to national reconciliation

1. A national commission known as the National Truth and Reconciliation Commission shall be established. This Commission shall have the following functions:
   
   
   1. Investigation

      The Commission shall bring to light and establish the truth regarding the serious acts of violence committed during the cyclical conflicts which cast a tragic shadow over Burundi from independence (1 July 1962) to the date of signature of the Agreement, classify the crimes and establish the responsibilities, as well as the identity of the perpetrators and the victims. However, the Commission shall not be competent to classify acts of genocide, crimes against humanity and war crimes;

   2. Arbitration and reconciliation

      The Burundian crisis is a profound one: the task of reconciliation will be long and exacting. There are still gaping wounds which will need to be healed.

      To this end the Commission shall, upon completion of its investigations, propose to the competent institutions or adopt measures likely to promote reconciliation and forgiveness, order indemnification or restoration of disputed property, or propose any political, social or other measures it deems appropriate.

      In this context, the transitional National Assembly may pass a law or laws providing a framework for granting an amnesty consistent with international law for such political crimes as it or the National Truth and Reconciliation Commission may find appropriate;

   3. Clarification of history

      The Commission shall also be responsible for clarifying the entire history of Burundi, going as far back as possible in order to inform Burundians about their past. The purpose of this clarification exercise shall be to rewrite Burundi's history so that all Burundians can interpret it in the same way.

2. Membership of the commission
   
   
   1. Source

      Candidates for membership of the Commission shall be put forward by civil society associations, political parties, religious denominations or women's organizations, or may stand as individual candidates.

   2. Appointing body

      Members of the Commission shall be appointed by the transitional Government in consultation with the Bureau of the transitional National Assembly.

   3. Profile and selection of candidates

      Members of the Commission must show probity, integrity and ability to rise above divisions of all kinds. In the selection of candidates, balance must be taken into account, and the following criteria shall apply:

      1. Age of members: at least 35 years;
         
         
      2. Level of education: at least a full secondary education certificate or equivalent.



3. Functioning of the Commission

   The Commission must have the leeway to work independently, inter alia through autonomy in managing the material and financial resources to be allocated to it.

   The Commission shall, whenever necessary, propose additional reconciliation mechanisms, and shall be free to set up sub-commissions as appropriate.

   The public authorities shall have the obligation to do their utmost to enable the Commission to accomplish its mission without hindrance, by providing it with sufficient material, technical and financial resources.

4. Duration

   The Commission shall conduct its work over a two-year period. At the end of two years, the appropriate transitional institutions shall assess the work done, and may decide on an extension for one year.

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