Protocol II

Democracy and Good Governance

Preamble

We, the Parties,

Aware of the vital need to promote lasting peace in Burundi and to put an end to the conflict, division and suffering inflicted on the Burundian people,

Reaffirming our commitment to a democratic system of government, inspired by the realities of our country, that guarantees security and justice for all, and is founded on the values of unity without exclusion,

Have agreed:

1. To ensure that a constitutional text for the people of Burundi is drafted during the transition period that is in conformity with the principles set forth in Chapter I of the present Protocol, and to ensure that such a text is adopted and brought into force in accordance with the time-frames and procedures herein, in conformity with a vision of democracy and good governance and the principles listed hereunder.
   
   
2. To provide for a transition period that is in conformity with the transitional arrangements set forth in Chapter II of the present Protocol.
   
   
3. To give effect, within the designated time limits, to the obligations set forth in this and other protocols with regard to the establishment of the transitional institutions.

Chapter I
Constitutional Principles of the Post-Transition Constitution

Article 1
Fundamental values

1. All Burundians are equal in value and dignity. All citizens are entitled to equal rights and to equal protection of the law. No Burundian shall be excluded from the social, economic or political life of the nation on account of her/his race, language, religion, gender, or ethnic origin.
   
   
2. All Burundians are entitled to live in Burundi in security and peace, and must live in harmony with one another while respecting one another's dignity and tolerating one another's differences.
   
   
3. Government shall be based on the will of the Burundian people, shall be accountable to them, and shall respect their fundamental rights and freedoms.
   
   
4. The Government of Burundi shall be so structured as to ensure that all Burundians are represented in and by it; that there is equal opportunity to serve in it; that all citizens have access to government services; and that the decisions and actions of government enjoy the widest possible level of support.
   
   
5. The task of government shall be to realize the aspirations of the Burundian people, and in particular to heal the divisions of the past, to improve the quality of life of all Burundians, and to ensure that all Burundians are able to live in Burundi free from fear, discrimination, disease and hunger.
   
   
6. The function of the political system shall be to unite, reassure and reconcile all Burundians while ensuring that the Government is able to serve the people of Burundi, who are its source of power and authority. In its functioning the Government shall respect the separation of powers, the rule of law, and the principles of good governance and transparency in the management of public affairs.

Article 2
General principles

1. Burundi shall be a sovereign independent nation, united but respecting its ethnic and religious diversity and recognizing the Bahutu, the Batutsi and the Batwa, who make up the one nation of Burundi.
   
   
2. The national territory of Burundi shall be inalienable and indivisible subject to the provisions of the Constitution. Its frontiers shall be those recognized by international law.
   
   
3. Burundi shall be divided into provinces, communes and collines or zones, and such other subdivisions as are provided for by law. Their organization and operation shall be determined by the Constitution and by law.
   
   
4. The National Assembly shall take a decision regarding the status and revival of the monarchy, and any party peacefully promoting the restoration of the monarchy shall be allowed to function.
   
   
5. The national language of Burundi shall be Kirundi. The official languages shall be Kirundi and any other languages decided upon by the National Assembly.

Article 3
Charter of Fundamental Rights

1. The rights and duties proclaimed and guaranteed inter alia by the Universal Declaration of Human Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples' Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights shall not be limited or derogated from, except in justifiable circumstances acceptable in international law and set forth in the Constitution.
   
   
2. All citizens shall have rights and obligations.
   
   
3. Human dignity shall be respected and protected.
   
   
4. All women and men shall be equal. No one may be discriminated against, inter alia, on grounds of origin, race, ethnicity, gender, colour, language, social situation, or religious, philosophical or political convictions, or by reason of a physical or mental handicap. All citizens shall enjoy equal protection of the law, as well as equal treatment under the law.
   
   
5. No person shall be arbitrarily dealt with by the State or its organs.
   
   
6. All women and men shall have the right to life.
   
   
7. All women and men shall have the right to personal freedom, including to physical and mental integrity, and to freedom of movement. Torture and any other kind of cruel, inhuman, degrading treatment or punishment shall be prohibited. Everyone shall have the right to be free from violence from either public or private sources.
   
   
8. No one shall be held in slavery or servitude. Slavery and the slave trade shall be prohibited in all their forms.
   
   
9. The State shall to the extent possible ensure that all citizens have the means to lead an existence consistent with human dignity.
   
   
10. All women and men shall have the right to respect for their private and family life, residence and personal communications.
    
    
11. There shall be freedom of marriage, including the right to choose one's partner. Marriage shall be entered into only with the free and full consent of the intending spouses.
    
    
12. The family, as the fundamental unit of society, shall be entitled to protection by society and the State.
    
    
13. Freedom of expression and of the media shall be guaranteed. The State shall respect freedom of religion, belief, conscience and opinion.
    
    
14. Freedom of assembly and association shall be guaranteed, as shall freedom to form non-profit-making associations or organizations in conformity with the law.
    
    
15. All Burundian citizens shall have the right to move and settle freely anywhere in the national territory, as well as to leave it and return to it.
    
    
16. No one shall be arbitrarily deprived of her/his nationality or denied the right to change it.
    
    
17. No one may be denied access to basic education. The State shall organize public education, and shall develop and promote access to secondary and post-secondary education.
    
    
18. The State shall ensure the good management and utilization of the nation's natural resources on a sustainable basis, conserving such resources for future generations.
    
    
19. Property rights shall be guaranteed for all women and men. Compensation that is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with a law which shall also set forth the basis of compensation.
    
    
20. The right to form and join trade unions and to strike shall be recognized. The law may regulate the exercise of these rights and prohibit certain categories of persons from going on strike.
    
    
21. Everyone shall have the right, in judicial or administrative proceedings, for her/his case to be dealt with equitably and decided within a reasonable time limit. Everyone shall have the right to due process and a fair trial.
    
    
22. No one may be deprived of her/his liberty other than in conformity with the law.
    
    
23. The State shall be under an obligation to promote the development of the country, especially rural development.
    
    
24. Each individual shall have the duty to respect and show consideration for her/his fellow citizens without any discrimination.
    
    
25. All citizens shall be required to discharge their civic obligations, and to defend their homeland.
    
    
26. Every child shall have the right to special measures to protect or promote her/his care, welfare, health and physical security, and to be protected from maltreatment, abuse or exploitation.
    
    
27. No child shall be used directly in armed conflict, and children shall be protected in times of armed conflict.
    
    
28. No child shall be detained except as a measure of last resort, in which case the child may be detained only for the shortest appropriate period of time and shall have the right to be kept separately from detained persons over the age of 16 years and to be treated in a manner, and kept in conditions, that take account of her/his age.
    
    
29. Any restriction of a fundamental right must have a legal basis; it must be justified by the public interest or by the protection of another person's fundamental right; it must be proportional to the objective pursued.
    
    
30. Fundamental rights must be respected throughout the legal, administrative and institutional order. The Constitution shall be the supreme law and must be upheld by the Legislature, the Executive and the Judiciary. Any law that is not in conformity with the Constitution shall be invalid.

Article 4
Political parties

1. The multiparty system shall be recognized in the Republic of Burundi.
   
   
2. Political parties may be formed freely in conformity with the law.
   
   
3. A political party shall be a non-profit association uniting citizens around a democratic blueprint for society founded on national unity, and having a political programme with precise objectives dictated by the desire to serve the public interest and ensure the development of all citizens.
   
   
4. Political parties must comply with democratic principles in their organization and functioning, be open to all Burundians and be national in character and leadership, and shall not promote ethnic, regional or religious violence and hatred.
   
   
5. Political parties - and coalitions of political parties - shall promote the free expression of suffrage and shall participate in political life by peaceful means.
   
   
6. For the purposes of promoting democracy, a national law may authorize the financing of political parties on an equitable basis in proportion to the number of seats they hold in the National Assembly. Such financing may apply both to the functioning of the political parties and to electoral campaigns, and shall be transparent. The law shall define the types of subsidies, benefits and facilities that the State may grant political parties.
   
   
7. Registration of political parties shall fall within the competence of the Ministry of the Interior.
   
   
8. The law shall guarantee non-interference by the public authorities in the internal functioning of political parties, save for such restrictions as may be necessary for the prevention of ethnic hatred and the maintenance of public order.
   
   
9. Political parties may form coalitions during elections in accordance with the electoral law.

Article 5
Elections

1. The right to vote shall be guaranteed.
   
   
2. Elections shall be free, fair and regular in accordance with the electoral law and the law governing political parties.
   
   
3. Elections shall be organized impartially at the national, commune and colline levels and at other levels prescribed by the Constitution or by law.
   
   
4. Until amended in accordance with the post-transition Constitution, the rules relating to the electoral system shall be the same as those governing the elections for institutions at the national, commune and colline levels to be held during the transition period.
   
   
5. An Independent National Electoral Commission constituted in conformity with the provisions of article 20 of the present Protocol shall guarantee the freedom, impartiality and independence of the electoral process.

Article 6
The Legislature

1. Legislative power shall be exercised by the National Assembly and, where specified herein, by the National Assembly and the Senate. A law adopted by a legislative body or bodies may only be amended by the same body or bodies.
   
   
2. The number of members of the National Assembly shall be specified in the Constitution, and in the first instance shall be 100. The Constitution may allow for the number of members to be determined in accordance with a designated ratio per number of inhabitants or by setting an absolute number.
   
   
3. The National Assembly shall pass legislation, oversee the actions of the Government and exercise all other functions assigned to it by the Constitution. The National Assembly shall be responsible for approving the national budget. This provision shall not preclude the submission of matters for popular approval by way of referendum.
   
   
4. A Court of Audit responsible for examining and certifying the accounts of all public services shall be established and organized by law. Its composition shall be specified in the post-transition Constitution. It shaII be given the resources required for the performance of its duties. Administrative departments shall not withhold their co-operation from the Court of Audit. The Court of Audit shall submit to the National Assembly a report on the regularity of the general account of the State, and shall also ascertain whether public funds have been spent in accordance with the proper procedures and in accordance with the budget approved by the National Assembly.
   
   
5. The Constitution may not be amended except with the support of a four-fifths majority in the National Assembly and a two-thirds majority in the Senate.
   
   
6. Organic laws may not be amended except by a three-fifths majority in the National Assembly and with the approval of the Senate.
   
   
7. Members of the National Assembly and the Senate may not be prosecuted, made the subject of a warrant, arrested, detained or subjected to a penalty for acts performed as a member of the National Assembly or of the Senate.
   
   
8. Any criminal case involving a person holding political office shall be referred to a Chamber of the Supreme Court, and in the event of conviction, any appeal shall be receivable by the Chambers of the Supreme Court sitting together.
   
   
9. During sessions, a member of the National Assembly or the Senate may be prosecuted in respect of acts other than those referred to in paragraph 7 above only with the authorization of the National Assembly or the Senate, as the case may be.
   
   
10. The mechanisms for replacing members of the National Assembly or the Senate in the event of the vacancy of a seat shall be determined by law.
    
    
11. The National Assembly and the Senate shall adopt the rules of procedure governing their respective organization and functioning and the election of their bureaux. The post-transition Constitution must specify the duties of the bureaux, when the National Assembly shall convene for the first time and who shall preside at the initial meeting. The National Assembly's Bureau shall have a multiparty character, while the Senate's Bureau shall be of a multi-ethnic character.
    
    
12. The compensation and benefits regime, as well as the incompatibility regime, for members of the National Assembly and of the Senate shall be established by law.
    
    
13. The opposition parties within the National Assembly shall participate by right in parliamentary commissions, whether sectoral or of inquiry.
    
    
14. There shall be a Senate having the functions set forth herein, and such other functions as are allocated to it in the Constitution or in any law. The Senate shall comprise two delegates from each province. They shall be elected by an Electoral College comprising members of the commune councils in the province in question, shall be from different ethnic communities and shall be elected in separate ballots.
    
    
15. A former president shall be entitled to sit in the Senate. The Senate may co-opt up to three members of the Batwa group so as to ensure representation of this community.
    
    
16. The Senate shall have the following functions:
    
    
    1. To approve constitutional amendments and organic laws, including laws governing the electoral process;
       
       
    2. To receive the report of the Ombudsperson on any aspect of the public administration;
       
       
    3. To conduct inquiries into the public administration and where necessary recommend action, to ensure that no region or group is excluded from the delivery of public services;
       
       
    4. To monitor compliance with those prescripts of the Constitution requiring representativeness or balance in the composition of any part of the public service, including the defence and security forces;
       
       
    5. To advise the President and the National Assembly on any matter, including legislation;
       
       
    6. To monitor compliance with the present Protocol;
       
       
    7. To comment on or suggest amendments to legislation adopted by the National Assembly, as well as to initiate and introduce bills for consideration by the National Assembly;
       
       
    8. To approve laws dealing with the boundaries, functions and powers of provinces, communes and collines.
    
    
    

17. The Senate shall approve solely the following appointments:
    
    
    1. The heads of the defence forces, the police and the intelligence service;
       
       
    2. The provincial governors appointed by the President of the Republic;
       
       
    3. The Ombudsperson;
       
       
    4. The members of the Judicial Service Commission;
       
       
    5. The members of the Supreme Court;
       
       
    6. The members of the Constitutional Court;
       
       
    7. The Principal State Prosecutor and members of the National Department of Public Prosecutions;
       
       
    8. The presidents of the Court of Appeal and the Administrative Court;
       
       
    9. The principal State Prosecutor in the Court of Appeal;
       
       
    10. The presidents of the Court of First Instance, the Commercial Court and the Labour Court;
        
        
    11. The State Prosecutors.
    
    
    
18. The Senate shall ensure that commune councils in general reflect the ethnic diversity of their constituencies; if the composition of any Commune Council does not do so, it may order the co-optation of persons by the Commune Council from an underrepresented ethnic group to that Council, provided that no more than one-fifth of the Council may consist of such co-opted persons. The persons to be co-opted shall be identified by the Senate from a list of names supplied to it by the Commune Council or by any colline chief within the commune.
    
    
19. Where the Senate proposes amendments to laws other than those in respect of which its consent is necessary, the National Assembly must consider those proposed amendments, and may if it so chooses give effect to them, before referring the bill to the President for his formal assent.
    
    
20. Members of the National Assembly and of the Senate shall have the right to debate the Government's actions and policies.
    
    
21. The Constitution shall grant the Senate the powers and resources necessary to perform its functions.

Article 7
The Executive

1. 1. The Constitution shall provide that, save for the very first election of a President, the President of the Republic shall be elected by direct universal suffrage in which each elector may vote for only one candidate. The President of the Republic shall be elected by an absolute majority of the votes cast. If this majority is not obtained in the first round, a second round shall follow within 15 days.
      
      
   2. Only the two candidates who have received the greatest number of votes during the first round may stand in the second round. The candidate who receives the majority of votes cast in the second round shall be declared the President of the Republic.
      
      
   3. For the first election, to be held during the transition period, the President shall be indirectly elected as specified in article 20, paragraph 10 below.
   
   
   
2. The President of the Republic shall exercise regulatory power and shall ensure the proper enforcement and administration of legislation. She/he shall exercise her/his powers by decrees, countersigned, where required, by a Vice-President or a minister concerned.
   
   
3. She/he shall be elected for a term of five years, renewable only once. No one may serve more than two presidential terms.
   
   
4. In the exercise of her/his functions, the President of the Republic shall be assisted by two Vice-Presidents. They shall be appointed by the President of the Republic, who shall previously have submitted their candidacy for approval by the National Assembly and the Senate, voting separately, by a majority of their members. The President of the Republic may dismiss the Vice-Presidents. They shall belong to different ethnic groups and political parties.
   
   
5. The President of the Republic, after consultation with the two Vice-Presidents, shall appoint the members of the Government and terminate their appointments.
   
   
6. Parties or coalitions thereof shall be invited, but not obliged, to submit to the President a list of persons to serve as ministers if such parties or coalitions have received more than one-twentieth of the vote. They shall be entitled to at least the same proportion, rounded off downwards, of the total number of ministers as their proportion of members in the National Assembly. If the President dismisses a minister, she/he must choose a replacement from a list submitted by the party or coalition of the minister in question.
   
   
7. The President of the Republic shall be the Head of State and Commander-in-Chief of the defence and security forces. She/he shall declare war and sign armistices following consultation with the Government and the bureaux of the National Assembly and of the Senate.
   
   
8. The President of the Republic may be impeached for serious misconduct, impropriety or corruption by resolution of two-thirds of the members of the National Assembly and the Senate sitting together.
   
   
9. The President of the Republic may be charged only with the crime of high treason. The case shall be heard by the Supreme Court and the Constitutional Court sitting together and presided over by the President of the Supreme Court.
   
   
10. The Supreme Court shall receive a written statement of the assets and property of the President, the Vice-Presidents and members of the Government when they assume and relinquish office.

Article 8
Local government

1. The provinces shall be administered by civilian governors appointed by the President of the Republic and confirmed by the Senate.
   
   
2. Communes shall be decentralized administrative entities. They shall be the basis of economic and social development, and shall be divided into collines or zones and such other subdivisions as are provided for by law.
   
   
3. The law shall make provision for the circumstances under which a commune administrator may be dismissed or suspended, by the central authorities or by the Commune Council, for good cause including incompetence, corruption, gross misconduct or embezzlement.

Article 9
The Judiciary

1. The judicial authority of the Republic of Burundi shall be vested in the courts.
   
   
2. The Judiciary shall be impartial and independent and shall be governed solely by the Constitution and the law. No person may interfere with the Judiciary in the performance of its judicial functions.
   
   
3. The Judiciary shall be so structured as to promote the ideal that its composition should reflect that of the population as a whole.
   
   
4. The courts and tribunals shall operate in Kirundi and the other official languages. Laws shall be enacted and published in Kirundi and the other official languages.
   
   
5. The Constitution shall provide for a Supreme Court of Burundi. Its Rules of Procedure, composition and chambers, and the organization of its chambers, shall be determined by an organic law.
   
   
6. The judges of the Supreme Court shall be appointed by the President from a list of candidates nominated by the Judicial Service Commission and approved by the National Assembly and the Senate.
   
   
7. There shall be a National Department of Public Prosecutions attached to the Supreme Court; its members shall be appointed in the same manner as the judges of the Supreme Court.
   
   
8. The other courts and tribunals recognized in the Republic of Burundi shall be the Court of Appeal, the High Courts, the Resident Magistrates' Courts and such other courts and tribunals as are provided for by law. The Ubushingantahe Council shall sit at the level of the colline. It shall administer justice in a conciliatory spirit.
   
   
9. The President of the Court of Appeal, the presidents of the High Courts, the public prosecutors and the state counsels shall be appointed by the President of the Republic following nomination by the Judicial Service Commission and confirmation by the Senate.
   
   
10. The Government, within the limits of its resources, shall ensure that magistrates possess the desired qualifications and necessary training for the performance of their duties, and that the resources needed by the Judiciary are made available to it.
    
    
11. No one shall be denied a post in the magistracy on grounds of ethnic origin or gender.
    
    
12. A Judicial Service Commission with an ethnically balanced composition shall be established. It shall be made up of five members nominated by the Executive, three judges of the Supreme Court, two magistrates from the National Department of Public Prosecutions, two judges from the resident magistrates' courts and three members of the legal profession in private practice. The judges, magistrates and members of the legal profession shall be chosen by their peers. All members of the Commission shall be approved by the Senate.
    
    
13. The Commission shall have a secretariat. It shall be chaired by the President of the Republic, assisted by the Minister of Justice. It shall meet on an ad hoc basis. Its members who are not members of the Judiciary shall not be construed as members of the Judiciary solely because they are members of this oversight commission.
    
    
14. The Judicial Service Commission shall be the highest disciplinary body of the magistracy. It shall hear complaints by individuals, or by the Ombudsperson, against the professional conduct of magistrates, as well as appeals against disciplinary measures and grievances concerning the career of magistrates. No magistrate may be dismissed other than for professional misconduct or incompetence, and solely on the basis of a finding by the Judicial Service Commission.
    
    
15. Trials shall be public except where the interests of justice or a compelling public interest require otherwise. Judgements shall be reasoned and shall be handed down in public.
    
    
16. Magistrates shall be appointed by decree of the President on the proposal of the Judicial Service Commission. The presidents of resident magistrates' courts shall be appointed in the same manner except that the nominees shall be proposed to the President after obtaining the approval of the Senate.
    
    
17. The Constitutional Court shall be the highest court for constitutional matters. Its jurisdictions shall be those set forth in the 1992 Constitution. The organization of the Court shall be laid down in an organic law. Reference is made for this purpose to the elements contained in Chapter II of the present Protocol.
    
    
18. The members of the Constitutional Court, seven in number, shall be appointed by the President of the Republic and confirmed by the Senate by a two-thirds majority. They shall have a term of office of six years non-renewable. The first Constitutional Court shall be that established under Chapter II of the present Protocol for the transition period. The members shall have the qualifications set forth in Chapter II of the present Protocol.
    
    
19. Matters shall be referred to the Constitutional Court by the President of the Republic, the President of the National Assembly or the President of the Senate, by petition by one quarter of the Members of the National Assembly or one quarter of the Members of the Senate, or by the Ombudsperson. In addition, every natural person with a direct interest in the matter, as well as the Public Prosecutor, may request the Constitutional Court to rule on the constitutionality of laws, either directly by means of an action or by an exceptional procedure for claiming unconstitutionality raised in a matter which concerns that person before an authority.
    
    
20. The Constitutional Court may sit validly only if at least five of its members are present.
    
    
21. Decisions of the Constitutional Court shall be taken by an absolute majority of its members, except that the President of the Court shall have a casting vote if the Court is evenly split on any matter.
    
    
22. The Constitutional Court shall be competent to:
    
    
    1. Rule on the constitutionality of adopted laws and regulatory acts;
       
       
    2. Rule on the constitutionality of executive action;
       
       
    3. Interpret the Constitution and rule on vacancies in the posts of President of the Republic and President of the National Assembly if a dispute arises in regard thereto;
       
       
    4. Rule on the regularity of presidential and legislative elections;
       
       
    5. Administer the oath to the President of the Republic before she/he assumes office;
       
       
    6. Verify the constitutionality of organic laws before their promulgation, and of the Rules of Procedure of the National Assembly before their application;
       
       
    7. Rule on any other matters expressly provided for in the Constitution.

Article 10
The administration

1. The administration shall function in accordance with the democratic values and principles enshrined in the Constitution, and with the law.
   
   
2. The administration shall be so structured, and all civil servants shall so perform their duties, as to serve all users of public services with efficiency, courtesy, impartiality and equity. Embezzlement, corruption, extortion and misappropriation of all kinds shall be punishable in accordance with the law. Any state employee convicted of corruption shall be dismissed from the public administration following a disciplinary inquiry.
   
   
3. The administration shall be organized in ministries, and every minister in charge of a ministry shall report to the President of the Republic and to the National Assembly on the manner in which the ministry performs its functions and utilizes the funds allocated to it.
   
   
4. The administration shall be broadly representative and reflect the diversity of the components of the Burundian nation. The practices with respect to employment shall be based on objective and equitable criteria of aptitude and on the need to correct the imbalances and achieve broad representation.
   
   
5. A law shall specify the distinction between posts that are career or technical posts and those that are political posts.
   
   
6. No civil servant or member of the Judiciary may be accorded favourable or unfavourable treatment solely on grounds of her/his gender, ethnicity or political affiliation.
   
   
7. An independent Ombudsperson shall be created by the Constitution. The organization and functioning of her/his service shall be determined by law.
   
   
8. The Ombudsperson shall hear complaints and conduct inquiries relating to mismanagement and infringements of citizens' rights committed by members of the public administration and the judiciary, and shall make recommendations thereon to the appropriate authorities. She/he shall also mediate between the administration and citizens and between administrative departments, and shall act as an observer of the functioning of the public administration.
   
   
9. The Ombudsperson shall possess the powers and resources required to perform her/his duty. She/he shall report annually to the National Assembly and the Senate. Her/his report shall be published in the Official Gazette of Burundi.
   
   
10. The Ombudsperson shall be appointed by the National Assembly by a three-quarters majority. The appointment shall be subject to confirmation by the Senate.

Article 11
Defence and security forces

1. The post-transition Constitution shall contain in full the principles relating to the defence and security forces and principles of organization of those forces set forth respectively in articles 10 and 11 of Protocol III to the Agreement.
   
   
2. An organic law shall determine the organization and functioning of the defence and security forces.
   
   
3. The military head of the defence force shall be appointed by the President, subject to confirmation by the Senate.
   
   
4. 1. The defence and security forces shall be subordinate to the civil authority of the State, and shall uphold the Constitution and the law.
      
      
   2. The defence and security forces shall be professional and non-partisan, and shall not promote or disadvantage any political party or ethnic group.
      
      
   3. The defence and security forces shall be trained at all levels to respect international humanitarian law and the supremacy of the Constitution.
      
      
   4. For a period to be determined by the Senate, not more than 50% of the national defence force shall be drawn from any one ethnic group, in view of the need to achieve ethnic balance and to prevent acts of genocide and coups d'état.
      
      
   5. No civilian shall be subject to a military code of justice or tried by a military court.
   
   
   
5. Only the President may authorize the employment of the defence and security forces:
   
   
   1. In defence of the State;
      
      
   2. In the restoration of order and public safety;
      
      
   3. In the discharge of international obligations and commitments.

If the defence and security forces are employed in any of the capacities set forth above, the President shall promptly inform the National Assembly and the Senate of the nature, extent and reasons for this employment. If the National Assembly is not in session it shall be convened within seven days for the consideration of such matter, as specified in Protocol III to the Agreement.