Protocol II: Democracy and Good Governance

Chapter II
Transitional Arrangements

Article 12
Objectives

1. Exceptional and special arrangements concerning the government of Burundi shall be made pending the adoption and entry into force of a Constitution that is in conformity with the constitutional principles set forth in Chapter I of the present Protocol.
   
   
2. The objectives of the transitional arrangements shall be:
   
   
   1. To ensure the adoption of a post-transition Constitution that is in conformity with the constitutional principles;
      
      
   2. To reconcile and unite Burundians and lay the foundations for a democratic and united Burundi, inter alia by promoting a broad programme of education in peace, democracy and ethnic tolerance;
      
      
   3. To ensure the repatriation, resettlement and reintegration of Burundians living outside the national territory and the rehabilitation of the sinistrés;
      
      
   4. To apply the measures and arrangements relating to the restoration of peace, the cessation of hostilities and the building of a professional army loyal to Burundi;
      
      
   5. To ensure the adoption of agreed measures to confront the consequences of the past and avoid any recurrence of genocide, exclusion and impunity;
      
      
   6. To implement the measures and carry out the reforms relating to the Judiciary, the administration and the defence and security forces in accordance with the Agreement;
      
      
   7. To adopt an electoral law, establish an independent electoral commission and ensure the holding during the transition period of elections at the local and national levels as provided for in article 20 below;
      
      
   8. To adopt laws on political parties, local administration, the press and other matters as required by the present Protocol and by the needs of the transitional institutions;
      
      
   9. To implement the Agreement in accordance with the implementation timetable in Annex V to the Agreement.

Article 13
Duration of the transition

1. The transition period shall commence from the time that the conditions necessary for installing the transitional Government in accordance with the applicable instruments have been met, which shall be as soon as possible after three months, and in any event not later than six months, from the date of signature of the Agreement. The Implementation Monitoring Committee alone shall determine this date, and may bring it forward if it decides that the necessary conditions exist. Until the transition period commences, all parties shall meet their obligations under the Agreement to establish or co-operate in establishing the agreed legal and institutional framework. The implementation Monitoring Committee, established as set forth in Protocol V, shall be the mechanism for guaranteeing compliance with the Agreement.
   
   
2. The transition period shall culminate upon the election of the new President. The presidential election shall take place after the first democratic election of the National Assembly. Both elections shall take place within 30 months of the commencement of the transition period.

Article 14
Political parties during the transition

1. The transitional National Assembly shall within twelve months of its installation adopt a law setting forth the qualifications and procedure for registration of political parties.
   
   
2. The said law shall specify a judicial authority which shall receive and adjudicate on applications by political parties for registration. Decision of the authority shall be posted in public places and published in the official Gazette of Burundi.
   
   
3. Pending the adoption of such a law, all political parties shall be entitled to function in accordance with the 1993 law on political parties.
   
   
4. The political parties shall commit themselves in writing to oppose any political ideology and any action that has at its purpose the promotion of violence, hatred or unlawful discrimination.
   
   
5. In order to promote national renewal, reconciliation and unity, no party shall be registered if it is established on the basis of ethnic or regional exclusivity. This sub-clause shall take effect nine months after the commencement of the transition period, in order to enable parties whose names or constitution do not satisfy this requirement to duly amend them so as to comply.
   
   
6. No political party may participate in the transitional arrangements, including those relating to the integration of the defence and security forces, if they do not respect the commitments embodied in the Agreement. Each such "participating party" must sign the pledge annexed hereto confirming its intention to participate in the transitional arrangements and its commitment to peace, reconciliation and democracy.
   
   
7. If political parties represented within the transitional National Assembly decide to merge, the merging parties shall retain the number of seats they had acquired initially.
   
   
8. Subject to the provisions of paragraphs 6 and 9 of this article, all Parties shall be entitled, but not obliged, to become participating parties.
   
   
9. The Government and National Assembly that are signatories to the Agreement shall not be participating parties unless specifically so provided in the Agreement.
   
   
10. A non-signatory party may become a participating party subsequent to the date of signature of the Agreement if four-fifths of the Parties represented in the Implementation Monitoring Committee so agree.
    
    
11. If a non-signatory party is admitted as a participating party in accordance with the present Protocol, it shall be accorded the same entitlement to participate in the transitional institutions and the Implementation Monitoring Committee as the other participating parties.
    
    

Article 15
Transitional institutions

1. There shall be a transitional Legislature made up of a National Assembly and a Senate, a transitional Executive, a Judiciary and other transitional institutions as set forth in the present Protocol.
   
   
2. The constitutional provisions governing the powers, duties and functioning of the transitional Executive, the transitional Legislature and the Judiciary, as well as the rights and duties of citizens and of political parties and associations, shall be as set forth hereunder and, where this text is silent, in the Constitution of the Republic of Burundi of 13 March 1992. When there is any conflict between that Constitution and the Agreement, the provisions of the Agreement shall prevail. To give legal effect to this provision, the terms of the Agreement shall be appropriately adopted and promulgated within Burundi within four weeks of its signature.
   
   
3. The composition of the transitional National Assembly shall be as follows:

   The National Assembly

   1. The Members of the National Assembly elected in 1993 shall retain or resume their seats. Where vacancies have occurred, the parties whose members occupied the vacant seats before the vacancy occurred shall fill them or allow those who have already filled them to remain;
      
      
   2. The transitional National Assembly shall be augmented so that each of the participating parties which are not represented under (a) will be entitled to at least three seats so as to be represented within the transitional National Assembly;
      
      
   3. It shall thereafter be augmented by the 28 members representing civil society currently sitting in the National Assembly;
      
      
   4. The appointed members of the National Assembly shall retain their seats in the transitional National Assembly regardless of the return from exile of the members of the National Assembly elected in 1993.

   The Senate

   1. The Senate shall be put in place by the President of the Republic and the Bureau of the National Assembly, while ensuring respect for the political, regional and ethnic balances;
      
      
   2. It shall include inter alia former heads of State, three individuals from the Twa ethnic group and members of the transitional National Assembly coopted by the President of the Republic and the Bureau of the transitional National Assembly;
      
      
   3. No provision shall be made for replacement of the members of the transitional National Assembly coopted to sit in the transitional Senate;
      
      
   4. The transitional Senate shall perform the functions provided for inter alia in article 6 paragraph 16, and all such other functions and are expressly provided for in the constitutional principles embodied in the Agreement;
      
      
   5. The Senate shall draw up its rules of procedure, which shall go into effect following verification by the Constitutional Court of their conformity with the transitional arrangements. Its first session shall be devoted to drawing up its rules of procedure and establishing its bureau. This session shall be presided over by the oldest Senator;
      
      
   6. Its Bureau shall consist of a Speaker, and a Deputy Speaker, a Secretary-General and a Deputy Secretary-General.
   
   
   

4. The transitional National Assembly and the traditional Senate shall within 18 months adopt in the same terms, by a two-thirds majority, a post-transition Constitution in conformity with the principles set forth in Chapter I of the present Protocol.
   
   
5. After such adoption, the text in question shall be submitted to the Constitutional Court for verification of its compliance with the principles set forth in Chapter I. If the text does not so comply, the Court shall indicate which provisions must be amended. If and whenever the Court declines to certify a text submitted to it pursuant to this provision, the transitional National Assembly and the transitional Senate shall within 30 days amend the text and resubmit it to the Court.
   
   
6. A text referred to above shall, if certified, be submitted for popular approval by way of referendum. A text which is so approved shall be the post-transition Constitution and shall come into force upon the termination of the transition period.
   
   
7. If no duly adopted text has been certified and approved by referendum within 23 months of the commencement of the transition, the Implementation Monitoring Committee may instruct experts - either national or international - to prepare a text in conformity with Chapter I of the present Protocol. The experts shall have regard to any judgements of the Constitutional Court and to any constitutional texts not certified by it. The text prepared by the experts shall be submitted for direct approval by way of referendum. If approved, it shall become the post-transition Constitution. If not approved, it shall serve provisionally as the Constitution for purposes of the Legislature and Executive elected during the transition period under the provisions of article 20 of the present Protocol. Such first elected Legislature shall draft a post-transition Constitution and adopt it in conformity with the procedure for amending the post-transition Constitution set forth in Chapter I of the present Protocol.
   
   
8. 1. The rules of procedure of the transitional National Assembly shall be those of the National Assembly elected in 1993 until they are duly amended.
      
      
   2. The President and the Vice-President of the transitional National Assembly shall come from two different political families.
   
   
   
9. During the transition period, the National Assembly shall not pass a vote of no confidence and may not be dissolved.
   
   
10. A two-thirds majority shall be required for the adoption of legislation.
    
    
11. Any commission required under the present Protocol to be established by the transitional National Assembly shall be established by the Bureau of the transitional National Assembly unless otherwise indicated in the present Protocol.
    
    
12. The first transitional President and Vice-President of the Republic shall come from different ethnic groups and political parties. In the event of the death or incapacity of either of them, the new transitional President or Vice-President of the Republic shall be elected by the transitional National Assembly by a resolution which receives the support of two-thirds of the members. Pending the election of a new President, the President of the transitional National Assembly, assisted by the Vice-President of the Republic, shall act as President, The term of the transitional President and Vice-President shall terminate upon the election of the first President under the provisions of this Protocol.
    
    
13. During the transition period, there shall be a broad-based transitional Government of national unity. The Government shall include representatives of different parties in a proportion whereby more than half and less than three-fifths of the portfolios are allocated amongst the G-7 group of parties.
    
    
14. The precise identity of the members of the transitional Executive shall be decided by the transitional President and Vice-President after consultations with the heads of the parties participating in the transitional National Assembly.
    
    
15. 1. There shall be between 24 and 26 members of the transitional Executive, in addition to the transitional President and Vice-President.
       
       
    2. The transitional President and Vice-President shall determine the initial function of each Minister when allocating the ministries to parties. The transitional President and Vice-President shall ensure that the minister in charge of the defence force belongs to a different family of parties from the minister responsible for the police.
    
    
    
16. The transitional Executive shall take its decisions and otherwise function in accordance with the spirit embodied in the concept of a Government of national unity, and shall make or propose appointments to the public administration and to diplomatic positions in the same spirit. It shall strive to take its decisions by consensus. It shall also take into account the need to reflect ethnic, religious, political, and gender balance in its decisions and appointments.
    
    
17. Any decision to be taken, by law or in accordance with the present Protocol, by the transitional President shall be taken only after consultation with the transitional Vice-President or the transitional Executive.
    
    
18. The transitional Executive shall confirm the appointment of the heads of the police and the defence force.
    
    
19. The transitional President, after consultation with the transitional Executive, shall within 30 days prepare for submission to the transitional Senate in accordance with the present Protocol a list of appointments for a period or periods specified by her/him to the offices listed below:
    
    
    1. Provincial governors;
       
       
    2. Judges of the Constitutional Court;
       
       
    3. Commune administrators.
    
    
    

20. 1. The transitional Government shall within 30 days of the commencement of the transition establish a commission under the chairmanship of a judge to investigate, as a matter of urgency, and to make recommendations on:
       
       
       1. The conditions in jails, the treatment of prisoners and the training and conditions of service of warders;
          
          
       2. The release of prisoners awaiting trial in respect of whom there has been an undue delay in the prosecution of their cases;
          
          
       3. The existence of and release of any political prisoners.
       
       
       
    2. The establishment of this commission shall not preclude the transitional Government or the transitional National Assembly dealing with the above matters.
    
    
    
21. The transitional National Assembly and the transitional Executive may establish commissions with or without expert participation to assist in preparing texts or for any other purpose which is part of their respective missions during the transition.

Article 16
Legal and administrative continuity

1. For purposes of continuity, all laws in force prior to the commencement of the transition shall remain in force until amended or repealed.
   
   
2. The transitional National Assembly shall as a priority review all legislation in force with a view to amending or repealing legislation incompatible with the objectives of the transitional arrangements and the provisions of the present Protocol.
   
   
3. The transitional National Assembly may pass laws with retrospective effect. However, no law may impose a penalty for conduct or action for which there was no penalty at the time it was committed, or provide for retrospective increase in a penalty.

Article 17
Judicial and administrative reforms

1. Within 30 days of the commencement of the transition period, a commission of the transitional National Assembly in which all the parties are represented shall be established to monitor the reforms of the public administration and of the administration of justice and to submit recommendations thereon to the transitional National Assembly and the transitional Executive.
   
   
2. The transitional National Assembly may for purposes of reforming the judicial sector amend by two-thirds majority any existing law, including the provisions of the 1992 Constitution, dealing with the structure and functioning of the Supreme Court.
   
   
3. For purposes of improving the judicial services in Burundi, the transitional Government shall implement the following reforms:
   
   
   1. The promotion of gender and ethnic balances in the Burundian judicial sector shall be undertaken, inter alia through recruitment and appointment;
      
      
   2. So as to correct the ethnic and gender imbalances in the Burundian judicial sector during and after the transition period, training colleges for employees of the judicial system shall be created, accelerated training shall be promoted, and the status and the internal promotion of magistrates shall be improved;
      
      
   3. Existing legislation relating to the organization of the Judiciary, the codes of criminal and civil procedure and the map of judicial jurisdiction shall be reviewed;
      
      
   4. All legislation shall be made available in Kirundi;
      
      
   5. Respect for the law shall be promoted;
      
      
   6. Steps shall be taken to discourage corruption, to denounce officials guilty of corruption, to enforce all legislation related to corruption, to establish effective oversight bodies, to improve working conditions in the judicial sector and to take necessary measures to require civil servants to report instances of corruption;
      
      
   7. The necessary measures shall be taken, including those specified in Protocol I to the Agreement, to deal with the problem of impunity and take any other steps required to ensure that any travesties of justice are dealt with or re-opened;
      
      
   8. The judicial sector shall be given the necessary resources so as to discharge its responsibilities impartially and independently.
   
   
   
4. Any appointment to the Judiciary required by Chapter I of the present Protocol to be made by the President shall, during the transition, be made by the transitional President and Vice-President in consultation with the Minister of Justice.
   
   
5. Any appointment to the Judiciary required by Chapter I of the present Protocol to be submitted for approval or confirmation to the National Assembly or the Senate shall, during the transition period, be required to be approved or confirmed by the transitional National Assembly by two-thirds majority.
   
   
6. There shall be a Constitutional Court possessing the jurisdiction and functions set forth in the 1992 Constitution of the Republic of Burundi.
   
   
7. The Constitutional Court shall be made up of seven members, two of whom shall be permanent (the President and Vice-President). They shall be appointed by the President of the Republic, subject to confirmation by the transitional National Assembly by a majority of two-thirds. Three of these judges shall be appointed for a period of three years only, and shall be replaced in the manner provided for in the post-transition Constitution. The remaining four shall be appointed for six years beginning at the commencement of the transition. The appointments shall be made within one month of the commencement of the transition. Judges of the Constitutional Court shall be persons of moral integrity and shall have legal training or experience. A member of a standing court must be amongst the nominees.
   
   
8. The Constitutional Court may sit validly only if at least five of its members, including its President or Vice-President, are present.
   
   
9. 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.
   
   
10. International co-operation and legal assistance will be required by the transitional Government to assist it in improving and reforming the legal system. Foreign jurists, including former Burundian nationals living outside the country, shall be requested to assist in the reform of the judicial system. The transitional Government may appoint any such persons to judicial positions so as to promote confidence in the Judiciary.
    
    
11. Members of the public administration, including local government and the diplomatic corps, shall be so appointed by the transitional Executive as to ensure that imbalances observed in these sectors are corrected. The Government may appoint a commission with expert participation to assist it in making appointments.
    
    
12. Provincial governors and commune administrators shall be appointed by the President, subject to confirmation by the transitional National Assembly. They shall be natives of the territorial entity placed under their authority. They shall be civilians.

Article 18
Combating impunity during the transition

1. In accordance with Protocol I to the Agreement, the transitional Government shall request the establishment of an International Judicial Commission of Inquiry which will investigate acts of genocide, war crimes and other crimes against humanity and report thereon to the Security Council of the United Nations.
   
   
2. In accordance with Protocol I to the Agreement, a National Truth and Reconciliation Commission shall be established to investigate human rights abuses, promote reconciliation and deal with claims arising out of past practices relating to the conflict in Burundi.
   
   
3. The transitional Government shall scrupulously fulfil the commitments contained in Protocol IV to the Agreement concerning the repatriation and resettlement of refugees and sinistrés as well as the restitution of property, including land, belonging to such persons.

Article 19
Defence and security forces

1. Associations having the character of militias shall be prohibited.
   
   
2. The transitional arrangements regarding the defence and security forces, including the constitutional and legal framework governing such forces, shall be those set forth in Protocol III to the Agreement. Where that Protocol is silent, the provisions of the 1992 Constitution of the Republic of Burundi shall apply.

Article 20
Elections

1. Elections at the commune level and at the national level shall be held during the transition period in accordance with the provisions and within the time-frames set forth in the present Protocol.
   
   
2. An Independent National Electoral Commission shall be established by the transitional Government as set forth hereunder.
   
   
3. The Commission shall be made up of five independent personalities and shall solicit advice from a multiparty commission of the transitional National Assembly. Its members shall be approved by a three-fourths majority of the transitional National Assembly, and may include non-Burundians who have expertise and integrity.
   
   
4. The Commission shall have as its functions:
   
   
   1. To organize elections at the national, commune and colline levels;
      
      
   2. To ensure that these elections are free, fair and transparent;
      
      
   3. To proclaim the results of the elections within a period determined by law, which shall be as short as possible;
      
      
   4. To promulgate the arrangements, the code of conduct, and the technical details, including the location of voting stations and times of voting;
      
      
   5. To hear and adjudicate on complaints regarding observance of the rules of the elections. The decisions of the commission shall be final;
      
      
   6. To ensure through appropriate rules that parties do not operate in a manner that incites ethnic violence or is otherwise not in conformity with the present Protocol;
      
      
   7. To ensure, and hear disputes regarding, compliance with the multiethnic requirements set forth in the present Protocol.
   
   
   

5. The transitional National Assembly shall within 12 months and by a two-thirds majority adopt a law regarding electoral rules.
   
   
6. The revised electoral code may set a threshold - up to 2% - below which no political party may be allocated seats if it has not won that percentage of the votes cast at the national level.
   
   
7. There shall be elections for the National Assembly, which shall take place after the commune elections and before the election of the President. The National Assembly shall have 100 directly elected members. As an exceptional measure and for the purpose of the first election only, and only if one party has received more than three-fifths of the directly elected seats, an additional 18 to 21 members in total shall be co-opted in equal numbers from the lists of all the parties that have obtained more than the threshold vote, or two persons per party if more than seven parties qualify.
   
   
8. The electoral system for the National Assembly shall be the system of blocked lists with proportional representation. The revised electoral code shall prescribe that lists be multi-ethnic in character and reflect gender representation. For each three names in sequence on a list, only two may belong to the same ethnic group, and for each five names at least one shall be a woman.
   
   
9. The election of the President of the Republic shall take place after the National Assembly elections and before the end of the transition period.
   
   
10. The first post-transition President shall be elected by the National Assembly and Senate sitting together by a majority of two-thirds of the votes.
    
    
11. Any person who has served as President during the transition period shall be ineligible to stand for President in the first election. Candidates for the presidency must be Burundian citizens and over 35 years of age.
    
    
12. Elections at the commune level shall be held, in accordance with the procedures listed below, within eighteen months of the commencement of the transition period.
    
    
13. 1. The collines shall be administered by colline councils of five members elected by direct universal suffrage. The councillor with the greatest number of votes shall become the chief of the colline. Elections for the colline chiefs shall, for the first elections, not be based on party political lists and all candidates shall stand as independents.
       
       
    2. The communes shall be administered by commune councils, which shall be elected by direct universal suffrage.
       
       
    3. For purposes of the first election, each Commune Council shall appoint a Commune Administrator and may dismiss her/him for good cause, including incompetence, corruption, misconduct or embezzlement. For subsequent elections, the National Assembly and the Senate may, after evaluation, legislate for the administrators to be elected by direct universal suffrage.
       
       
    4. At the national level, not more than 67% of commune administrators shall be from either of the two main ethnic components. The Senate shall ensure respect for this principle.

Article 21
Amendment of the transitional arrangements

Changes may be made to the transitional arrangements and the text of the Agreement with the consent of nine-tenths of the members of the transitional National Assembly.

Article 22
Interim period

1. The Parties agree to comply during the period between the signature of the Agreement and the installation of the transitional National Assembly with the obligations, arrangements and commitments set forth in Chapter II of the present Protocol.
   
   
2. By its signature the National Assembly agrees, within four weeks, to:
   
   
   1. Adopt the present Protocol as the supreme law without any amendments to the substance of the Agreement;
      
      
   2. Repeal the provisions of any legislation which prevent free political activity, or which would hinder the implementation of the present Protocol;
      
      
   3. Pending the installation of a transitional Government adopt such legislation as is necessary for the granting of temporary immunity against prosecution for politically motivated crimes committed prior to the signature of the Agreement.
   
   
   

3. The parties wishing to participate in the transitional arrangements (the "participating parties") agree to file with the Implementation Monitoring Committee the following:
   
   
   1. Within seven days of the signature of the Agreement, a pledge, which appears as Annex I to the Agreement, committing the participating party to observe its commitments to democracy, peace and reconciliation, to reject all forms of violence and to participate in a public programme on peace and reconciliation;
      
      
   2. Within 60 days of signature, a document nominating the members representing the participating party in the transitional National Assembly.
   
   
   

4. The transitional President and Vice-President shall within 60 days of the signature of the Agreement submit to the Implementation Monitoring Committee a list identifying the members of the Cabinet.
   
   
5. Starting one month after the signature of the Agreement, the Implementation Monitoring Committee shall continuously review whether the conditions for the installation of a transitional Government have been met, and may direct the Government or any Party or participating party to undertake any steps which would enable those conditions to be met. It alone shall fix the date on which the transitional National Assembly and transitional Government shall be installed, and may postpone such date, provided the final date is not later than six months after the signature of the Agreement.
   
   
6. Between the date of signature of the Agreement and the installation of the transitional Government, the Government shall:
   
   
   1. Provide all necessary assistance and cooperation to international agencies, the political parties and the Implementation Monitoring Committee in regard to establishing structures and facilities and issuing the necessary documentation, including travel documents for all returning exiles, refugees and members of the armed groups as provided for in this and other protocols, as required by the international agencies or as directed by the Implementation Monitoring Committee;
      
      
   2. Compile, within 30 days of the signature of the Agreement, an inventory co-signed by the Minister of each ministry listing each of the assets owned by the State exceeding the value of US$ 250 in the possession of such ministry, and lodge a copy of such inventory with the Implementation Monitoring Committee;
      
      
   3. Not destroy or allow the destruction of any record, file, or information or of any building or other property held by it during this period;
      
      
   4. Take the necessary steps, including the signing of international agreements, to facilitate the entry and deployment of observers and members of forces or security personnel as agreed in Protocol III to the Agreement.
   
   
   
7. The Minister and the chief career public servant in each ministry shall be jointly liable in law for any damage or destruction of any government property, including any record, file or any other document, held by it, for any misrepresentation in the asset inventory filed with the Implementation Monitoring Committee, or for any wasteful use of the ministry's financial resources.
   
   
8. The Government shall be responsible for the day-to-day government of Burundi during the interim period. If during that period the Government should, without the approval of the Implementation Monitoring Committee, take any of the actions indicated in subparagraphs (a) - (d) below, such action may subsequently be reviewed by the transitional Government and, if found not to have been in the interests of good governance, summarily cancelled or reversed:
   
   
   1. Alter the conditions of service or levels of remuneration of public servants;
      
      
   2. Make any appointment to or promotion within the public administration;
      
      
   3. Sell State-owned immovable property;
      
      
   4. Enter into any contract for the supply of goods or services or the construction of any building, or for the erection or maintenance of any Government infrastructure, which will have the effect of incurring financial obligations on the part of the transitional Government. Any such contract concluded without the approval of the Implementation Monitoring Committee may be annulled by the transitional Government.
   
   
   
9. During the interim period there shall be no deployment of the defence force or of any armed wing of a Party outside the framework of Protocol III.
   
   
10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government.
    
    
11. The Implementation Monitoring Committee may request and shall receive from the transitional Government any information relating to governmental activities, any relevant data regarding governance or any information relating to or required for the monitoring, supervision or implementation of the Agreement, including information relating to any international financial assistance.
    
    
12. The Implementation Monitoring Committee shall assist in soliciting or obtaining any international or foreign aid or assistance contemplated by the Agreement. It may generally advise any donor and suggest conditionalities in regard to any aid or assistance to be granted to, or agreements to be concluded with, the Government of Burundi. For this purpose it shall be informed of the details of any international agreements to be concluded with, or foreign aid to be donated to, the Burundian Government.
    
    
13. The Implementation Monitoring Committee may, at its discretion and for purposes of supervising, monitoring or ensuring the implementation of the Agreement, issue directives to any Party or participating party. All parties shall comply with such directives within the period specified in the directive.
    
    
14. In the event that a Party or participating party fails to comply with a directive of the Implementation Monitoring Committee, the Committee may:
    
    
    1. Place the party on terms to comply;
       
       
    2. Failing compliance with such warning, and after offering the party an opportunity to explain its non-compliance, suspend such party from participating in the transitional arrangements;
       
       
    3. Request the appropriate assistance of any international body or State or Party in enforcing compliance.
    
    
    
15. The participating parties shall do all in their power to ensure that their members observe the provisions of the Agreement, including, but not limited to, the prompt full and wide dissemination of the provisions of the Agreement relating to the ceasefire, disarmament, and reporting to quartering locations.
    
    
16. The participating Parties shall assist the Implementation Monitoring Committee and the Facilitator in an intensive public campaign to win support for the Agreement and to promote peace and reconciliation.
    
    
17. They shall take disciplinary measures, including expulsion, against any member who contrary to the spirit and letter of the Agreement and the pledge annexed hereto commits an act of violence or destroys or damages public or private property.

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