Protocol III

Peace and Security For All

Preamble

We, the Parties,

Recalling the commitments entered into in the Declaration of 21 June 1998 with a view to resolving the Burundi conflict through peaceful means and putting an end to all forms of violence,

Aware of the necessity to promote lasting peace and having analysed the questions relating to the principles of peace and security for all, to the defence and security forces and to the cessation of hostilities, and the arrangements with a view to achieving a permanent ceasefire,

Have agreed as follows:

Chapter I
Peace and Security For All

Article 1
Principles of peace and security for all

1. All Burundian citizens have the right to live in peace and security without any discrimination whatsoever.
   
   
2. The sovereignty of the people through the Constitution and the laws that stem from it shall be respected by all.
   
   
3. The institutions have the primary duty to guarantee:
   
   
   1. The security of all citizens;
      
      
   2. The protection of the inalienable rights of the human person, starting with the right to life, and the rights embodied inter alia in the Universal Declaration of Human Rights and in the international conventions to which Burundi is a party;
      
      
   3. The protection of all the ethnic communities of the population through specific mechanisms for the prevention of coups d'état, segregation and genocide;
      
      
   4. Respect for the law and combating of impunity;
      
      
   5. Good governance;
      
      
   6. Sovereignty of the State and integrity of the national territory.
   
   
   
4. Any foreign intervention other than under international conventions shall be prohibited. All recourse to foreign forces shall be prohibited, except when authorized by the institutions empowered to do so.
   
   
5. All Burundian citizens shall be under an obligation to respect the right of their fellow citizens to peace and security, as well as to respect public order.
   
   
6. The prerequisites for the establishment and maintenance of peace and security are:
   
   
   1. Unity within the defence and security forces;
      
      
   2. Political neutrality of the defence and security forces;
      
      
   3. The professional, civic and moral qualities of the defence and security forces;
      
      
   4. Neutrality and independence of the magistracy;
      
      
   5. Control of illegal possession and use of weapons.
   
   
   
7. The use of force as a means of access to and retention of power shall be rejected.
   
   
8. The defence and security forces belong to all the people of Burundi. They shall be an instrument for the protection of all the people, and all the people must identify with them.
   
   
9. The establishment of militias and terrorist and genocidal organizations, the practice of terrorism and genocide and incitement to those practices shall be prohibited.
   
   
10. Political organizations shall promote inclusion; exclusion on ethnic, sexual, regional and religious grounds shall be prohibited.
    
    
11. The ideals of peace and national unity shall be promoted and developed within the political parties, and propagation of the ideologies of exclusion, racism and genocide shall be prohibited.
    
    
12. The principle of participation of all components of society in the management of all the organs of the State, as well as equality of opportunity for citizens in all sectors of national life, shall be respected.
    
    
13. An economic and social policy that ensures the harmonious and balanced development of the people and the nation, as well as a policy of harmonious resolution of social problems, shall be pursued.
    
    
14. A culture of peace and tolerance shall be promoted through the development of a sense of patriotism among citizens and of mutual solidarity in the event of a threat, as well as through education and training of all political and technical officials.
    
    
15. Provisions for penalizing the violation of these principles shall be adopted.

Article 2
Causes of the violence and insecurity in Burundi

The causes of the violence and security in Burundi are:

The colonial period

1. The breaking apart of the pre-colonial political and administrative equilibrium among the Baganwa, the Batutsi and the Bahuru triggered off by the implementation of the administrative reforms of the 1930s which resulted in the dismissal from their administrative positions of most of the Hutu chiefs and some of the Tutsi chiefs.
   
   
2. A discriminatory system which did not offer equal educational access to all Burundian youths from all ethnic groups.
   
   
3. The erosion of some basic traditions, cultural norms and values that had hitherto been the foundations of the unity, solidarity and cohesion of the fabric of Burundian society and of Burundians.
   
   
4. The disruption of the traditional socio-political system in effect under the monarchy, which led to erosion of the bonds that provided the foundations of Burundi's political stability.

The post-colonial period

5. Political instability consequent upon the undermining of the legitimacy of the post-colonial institutions, accentuated by:
   
   
   1. The poor conception of power; lack of good leadership, lack of respect for the law and demonization of political opponents;
      
      
   2. The assassination of great Burundian leaders (Rwagasore, Ngendandumwe, Ndadaye);
      
      
   3. Impunity of those committing political crimes and human rights violations and practising regionalism, patronage, cronyism and corruption;
      
      
   4. The struggle for influence by the great powers, foreign interference in Burundi's internal affairs and the proliferation of arms in the region;
      
      
   5. Failure to satisfy the basic needs of the citizens as a result of economic underdevelopment and lack of a sound economic policy that led to disillusionment and an erosion of support for the political system;
      
      
   6. The distortion of Burundi's history;
      
      
   7. The ideology and practice of genocide and exclusion.
   
   
   
6. The aftermath of the colonial system, the inadequacy of the basic reforms of the institutional arrangements inherited from colonization for governance, administration and the maintenance of order and security for all.
   
   
7. The unbridled struggle for power which, following the principle that "the end justifies the means", resulted in recourse to violence and the deliberate manipulation of ethnic sentiments as legitimate methods of access to and retention of power.
   
   
8. Lack of respect by certain political actors for the basic normative rules and principles of good governance, particularly those concerning separation of the legislature, the executive and the judiciary, independence of the magistracy, satisfaction of basic human needs and the maintenance of order and security for all.
   
   
9. Lack of respect for the traditions, norms and cardinal principles of the democratic system, including tolerance and respect for the inalienable rights of the human person, especially the right to life.
   
   
10. Non-acceptance of peaceful co-existence, diversity and pluralism as guiding principles of life and the basis of national cohesion, unity and solidarity.
    
    
11. Lack of appropriate action by the United Nations to rule on the acts of genocide perpetrated in Burundi since independence.

Article 3
Persons responsible for and agents of the insecurity and violence

The following were identified as responsible for and agents of the insecurity and violence:

1. Some foreign countries, foreign organizations, political or otherwise, and certain foreign lobbies;
   
   
2. National and foreign individuals and groups, as well as organizations, institutions, parties and movements, which conceived, abetted, condoned, encouraged, incited and practised divisions, violence and violent methods of access to and retention of power;
   
   
3. Political, administrative and religious leaders, as well as technical staff, who contributed to perpetrating the genocide;
   
   
4. Persons responsible for the violence perpetrated during the crises of 1965-1969, 1972, 1988, 1991 and 1993 to date;
   
   
5. The members of the judicial system who have promoted and continue to promote impunity and partiality through corruption, intimidation and manipulation;
   
   
6. Those instruments of State power responsible for protecting the population which failed in their mission, particularly those elements of the defence and security forces guilty of excesses and violence against the innocent population;
   
   
7. Those elements who practise genocide and their allies.

Article 4
Nature of the insecurity and violence

The violence is political, economic and social in nature and is expressed in genocidal, criminal and terrorist form.

Article 5
Manifestations of the insecurity and violence

The insecurity and violence are manifested in:

1. Civil war; the destruction of public and private property; genocide, massacres, coups d'état, extra-judicial executions, premeditated murders, torture, rape, arbitrary arrests and imprisonment and other inhuman and degrading forms of treatment;
   
   
2. Massive forcible displacements of individuals, families and groups who as a result leave their customary places of residence and become refugees outside the country or remain inside the country as displaced and regrouped persons in camps, tents, shacks and other makeshift arrangements;
   
   
3. Destruction of national and socio-economic infrastructures, as well as of public and private property.

Article 6
Consequences of the insecurity and violence

The most serious consequences of the insecurity and violence are:

1. Increase in crime, in the number of disabled persons, orphans, widows and widowers, impoverishment of the people, and all kinds of social deviation;
   
   
2. Lack of respect for authority and the law giving rise to anarchy, mistrust and lack of civic spirit, which lead to civil unrest and rebellion;
   
   
3. The spread of the culture of violence, leading to a general disdain for the sanctity of human life;
   
   
4. Arbitrary practices, widespread abuse of power, corruption and the plundering of national resources.

Article 7
Victims of the insecurity and violence

The main victims of the insecurity and violence are:

1. The nation, some political officials, and individuals forced to flee from their original places of residence into exile, settlements and camps;
   
   
2. Individuals, groups, and categories of the population, both Hutu and Tutsi, targeted on account of their beliefs or political affiliation and on the basis of their ethnic origin.

Article 8
Protection of the inalienable rights of the human person

It is the duty of the State:

1. To protect the inalienable rights of the human person, starting with the right to life and including the rights to freedom, security, work, education and freedom of expression, and all other rights embodied inter alia in the Universal Declaration of Human Rights and in the international conventions to which Burundi is a party;
   
   
2. To prohibit and punish violations of the inalienable rights of the human person;
   
   
3. To institute a proactive policy aimed at promoting human rights through education and training of the population, including all political and technical officials.

Article 9
Security-related regional and international issues

The three most pertinent security-related regional and international issues are:

1. The close relationship of Burundi's internal security to security in Great Lakes region and to external factors such as insecurity in the neighbouring countries, hegemonist and/or genocidal ideologies in the Great Lakes region, the arms trade and the presence of mercenaries;
   
   
2. The need to create conditions that encourage peaceful co-existence, foster a culture of peace and tolerance and cultivate a hospitable environment that encourages people to remain in their places of residence within their country rather than flee as refugees;
   
   
3. The need to promote participation in and respect for the international conventions on refugees.