Protocol III

Peace and Security For All

Chapter II
The Defence and Security Forces

Article 10
Principles relating to the defence and security forces

1. The defence and security forces shall reflect the firm resolve of Burundians, as individuals and as a nation, to live as equals, in peace and harmony, and to be free from fear.
   
   
2. The defence and security forces shall be established in accordance with the Constitution. Apart from the defence and security forces so established, no other armed organization may be created or raised.
   
   
3. The defence and security forces shall teach and require their members to abide by the Constitution and the laws in force and by the international conventions and agreements to which Burundi is a party.
   
   
4. The maintenance of national security and of national defence shall be subject to Government authority and parliamentary oversight.
   
   
5. The defence and security forces shall be accountable for their actions and work in all transparency. Parliamentary committees shall be set up to supervise the work of the defence and security forces in accordance with the legislation in force and the parliamentary rules and regulations.
   
   
6. Neither the defence and security forces nor any of their members shall, in the performance of their duties:
   
   
   1. Injure the interests of a political party which is legitimate under the Constitution;
      
      
   2. Manifest their political preferences;
      
      
   3. Favour in any manner the interests of a political party;
      
      
   4. Be a member of a political party or an association of a political nature;
      
      
   5. Take part in political activities or demonstrations.

Article 11
Principles of organization of the defence and security forces

1. The defence and security forces shall consist of a national defence force, a national police and an intelligence service, all established in conformity with the Constitution.
   
   
2. The defence and security forces shall be subordinate to civilian authority in respect for the Constitution, the law and the regulations.
   
   
3. The defence and security forces shall be open to all Burundian citizens without discrimination.
   
   
4. The defence and security forces shall promote within their services a non-discriminatory, non-ethnicist and non-sexist culture.
   
   
5. Organic laws shall determine the creation, organization, training, conditions of service and functioning of the defence and security forces.
   
   
6. Within the limits determined by the Constitution and the laws, only the President may authorize the use of armed military force:
   
   
   1. In defence of the State;
      
      
   2. In the restoration of order and public safety;
      
      
   3. In the discharge of international obligations and commitments.
   
   
   
7. When the national defence force is utilized in one of the cases referred to in paragraph 6 above, the President shall officially consult the authorized competent bodies and shall promptly inform the Legislature, in detail, of:
   
   
   1. The reason or reasons for the use of the national defence force;
      
      
   2. Any location where that force is deployed;
      
      
   3. The period for which that force is deployed.
   
   
   
8. If the Legislature is not in session, the President shall convene it in special session within seven days from the use of the national defence force.
   
   
9. The defence and security forces shall respect the rights and dignity of their members in the context of the normal constraints of discipline and training.
   
   
10. The members of the defence and security forces shall have the right to be informed of the socio-political life of the country and to receive civic education.

Article 12
Missions of the defence and security forces

1. Missions of the national defence force

   The missions of the national defence force shall be:

   1. To ensure the integrity of the national territory and the sovereignty of the country;
      
      
   2. To combat any armed aggression against the institutions of the Republic;
      
      
   3. To intervene exceptionally in the maintenance of public order at the formal request of the authorized civilian authority;
      
      
   4. To participate in assistance activities in case of natural disasters;
      
      
   5. To contribute to the development of the country through major works, production and training;
      
      
   6. To defend the vital points.
   
   
   
2. Missions of the national police

   The missions of the national police shall be:

   1. To maintain and restore public order;
      
      
   2. To prevent offences provided for by law, investigate and prosecute their perpetrators and make arrests in accordance with the law;
      
      
   3. To ensure respect for the laws and other regulations for whose enforcement they are directly responsible;
      
      
   4. To ensure the physical protection of persons and their property;
      
      
   5. To ensure the protection of infrastructures and public property;
      
      
   6. To relieve and assist persons in danger or in distress;
      
      
   7. To intervene in case of catastrophe or disaster;
      
      
   8. To develop various civil defence scenarios;
      
      
   9. To ensure road safety throughout the national territory;
      
      
   10. To ensure protection of public gatherings at the request of those involved, on orders from the administrative authorities, or on their own initiative;
       
       
   11. To ensure the missions of the judicial and administrative police;
       
       
   12. To ensure protection of the courts and tribunals;
       
       
   13. To deal with criminal cases of major importance, such as economic crimes and cases attributable to roving delinquents or groups organized at the national or international level;
       
       
   14. To produce and make use of crime statistics;
       
       
   15. To deal with the policing of immigration and emigration and the status of aliens;
       
       
   16. To monitor the movements of aliens throughout the national territory;
       
       
   17. To keep watch on the land, lake and air borders;
       
       
   18. To issue travel documents and residence permits;
       
       
   19. To ensure protection of the institutions.
   
   
   
3. Missions of the intelligence service

   The missions of the intelligence service shall be:

   1. To seek out, centralize and make use of all information likely to contribute to the protection of the State, its institutions and its interests at the international level, as well as to the prosperity of its economy;
      
      
   2. To detect as early as possible activities aimed at creating insecurity and violence or at changing the institutions of the State by unlawful means;
      
      
   3. To detect as early as possible recourse to the manipulation of ethnic or regionalist feelings as means of access to or retention of power;
      
      
   4. To detect as early as possible any threat to the constitutional order, public safety, territorial integrity or national sovereignty;
      
      
   5. To detect as early as possible any threat to the country's ecological environment;
      
      
   6. To detect as early as possible terrorist intrigues, illicit drug trafficking and the formation of criminal organizations;
      
      
   7. To detect malfunctions and cases of misappropriation of funds within the State services.

Article 13
Structure of the defence and security forces

1. Structure of the national defence force

   The transitional Government shall be responsible for deciding upon the structure of the national defence force.

2. Structure of the national police
   
   
   1. The national police shall be coordinated within one Ministry, i.e., the one responsible for public security.
      
      
   2. Its structure shall be:
      
      
      1. First level: Since the Ministry is responsible for public security, the head shall be a member of the Government;
         
         
      2. Second level: A national police headquarters responsible for coordinating all the police forces. It shall be headed by a director-general with administrative skills and knowledge of police techniques;
         
         
      3. Third level: Departments: each department shall represent a specialized area of police work.

   This structure is illustrated in Annex II to the Agreement.

3. Structure of the intelligence service

   The structure of the intelligence service shall be such as to enable the service, given its special nature, to preserve the secrecy of its operations while allowing for control by the National Assembly, especially with regard to the budget. The intelligence service shall be placed under the responsibility of a member of government.

4. Command of the defence and security forces

   Command posts shall be distributed on the basis of competence and merit while ensuring the necessary ethnic balances.

Article 14
Composition of the defence and security forces

1. Composition of the national defence force
   
   
   1. There shall be a single defence force composed of all components of the Burundian nation irrespective of ethnic, regional, gender and/or social status.
      
      
   2. The national defence force shall include members of the Burundian armed forces and combatants of the political parties and movements in existence at the time of restructuring of the army, as well as other citizens who wish to enlist.
      
      
   3. After the signature of the Agreement, the combatants of the political parties and movements, as well as the existing national defence force, shall be placed under the authority of the transitional Government.
      
      
   4. A technical committee consisting of representatives of the Burundian armed forces and combatants of the political parties and movements, as well as of an external military advisory and training group, shall be established by decision of the transitional Government to implement the procedures for the establishment of the national defence force.
      
      
   5. Members of the Burundian armed forces found guilty of acts of genocide, coups d'état, violation of the Constitution and human rights and war crimes shall be excluded from the national defence force. Combatants of the political parties and movements found guilty of the same offences shall also not be accepted into the national defence force.
      
      
   6. Recruitment into the national defence force shall be conducted in a transparent manner, individually, voluntarily and on the basis of personal merit, physical fitness, moral and professional qualifications and potential.
      
      
   7. 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.
   
   
   

2. Composition of the national police
   
   
   1. There shall be a single national police composed of all citizens of the Burundian nation wishing to form part of it, irrespective of ethnic, regional, gender and social status.
      
      
   2. The national police shall include members of the current national police, combatants of the political parties and movements and other citizens who meet the requirements.
      
      
   3. A technical committee comprising representatives of the existing police force and the political parties and movements and of external advisors and instructors on police issues shall be established by decision of the transitional Government to implement the procedures for the establishment of the national police.
      
      
   4. All persons, including current members of the police force and combatants of the political parties and movements, found guilty of genocide, the coup d'état of 21 October 199??, human rights violations or war crimes shall be excluded from the national police.
      
      
   5. Not more than 50% of the members of the national police shall be drawn from any one particular ethnic group, with a view to achieving the necessary balances and preventing acts of genocide or of coup d'état.
   
   
   
3. Composition of the intelligence service

   The composition of the intelligence service shall be such as to enable the service, given its special nature, to preserve the secrecy of its operations while allowing for control by the National Assembly.

Article 15
Size of the defence and security forces

1. Size of the national defence force
   
   
   1. The following criteria shall be used to determine the strength of the national defence force:
      
      
      1. Potential internal and external threats;
         
         
      2. The economic and financial resources of the country;
         
         
      3. The budget allocated to the defence and security forces;
         
         
      4. The defence policy of the country.
      
      
      
   2. The transitional Government, in consultation with the technical committee, shall determine the size of the national defence force.
   
   
   
2. Size of the national police
   
   
   1. The following criteria shall be used to determine the strength of the national police:
      
      
      1. Surface area of the country;
         
         
      2. Population;
         
         
      3. Population density;
         
         
      4. Urbanization level;
         
         
      5. Economic resources;
         
         
      6. Crime level;
         
         
      7. Budgetary allocation.
      
      
      
   2. The transitional Government, in consultation with the technical committee, shall determine the size of the national police.
   
   
   
3. Size of the intelligence service

   The size of the intelligence service shall be such as to enable the service, given its special nature, to preserve the secrecy of its operations while allowing for control by the National Assembly.

Article 16
Balances within the defence and security forces

1. The following criteria shall be used to determine the imbalances in the defence and security forces:
   
   
   1. Political;
      
      
   2. Ethnic;
      
      
   3. Regional;
      
      
   4. Gender.
   
   
   
2. Correction of the imbalances in the defence and security forces shall be approached progressively in the spirit of reconciliation and trust in order to reassure all Burundians.
   
   
3. Correction of the imbalances shall be achieved during the transition period through the integration into the current defence and security forces of the combatants of the political parties and movements and through the recruitment of other Burundian citizens.
   
   
4. For purposes of rapid reduction of the command-level imbalances, accelerated training of commissioned and non-commissioned officers from among the combatants of the political parties and movements shall be conducted in Burundi and abroad as soon as the transition period commences.

Article 17
Recruitment

1. Recruitment shall be conducted in accordance with the following criteria:
   
   
   1. Transparency;
      
      
   2. Voluntary service;
      
      
   3. Age;
      
      
   4. Personal record and level of training;
      
      
   5. Medical tests of physical and intellectual aptitude.
   
   
   
2. Recruitment criteria based on educational level shall be determined by the transitional Government.
   
   
3. A national commission shall be assigned responsibility for selecting candidates for all levels of the national defence force and national police, taking care to ensure the necessary ethnic balance.

Article 18
Training

1. The defence and security forces shall have technical, moral and civic training. This training shall include the culture of peace, aspects of conduct relating to the democratic multi-party political system, human rights and humanitarian law.
   
   
2. Decentralization of the centres for training police constables, rank and file troops and non-commissioned officers shall be undertaken.

Article 19
Organic laws, regulatory texts and disciplinary system

For the defence and security forces, organic laws, regulatory texts and disciplinary rules in conformity with the relevant provisions of the Agreement shall be adopted.

Article 20
Names of the defence and security forces

1. The name of the defence force shall be decided upon by the transitional Government.
   
   
2. The name of the police shall be "National Police of Burundi".
   
   
3. The name of the intelligence service shall be "General Intelligence Service".

Article 21
Demobilization

1. Demobilization shall begin after the signature of the Agreement in accordance with the implementation timetable (see Annex V).
   
   
2. To move from war to peace requires demobilization within the defence and security forces as well as for the combatants of the political parties and movements.
   
   
3. Demobilization shall involve both the members of the Burundian armed forces and the combatants of the political parties and movements.
   
   
4. Lists of people to be demobilized shall be compiled.
   
   
5. Members to be demobilized shall be provided with some form of appropriate identification.
   
   
6. Demobilization criteria and a demobilization package shall be drawn up.
   
   
7. The categories of people to be demobilized shall be:
   
   
   1. Volunteers;
      
      
   2. Those members who are handicapped or disabled;
      
      
   3. Those who do not meet the age criteria;
      
      
   4. Those whose discipline is such that they cannot be retained within the new defence and security forces;
      
      
   5. Individuals whose educational level is such that they would not be able to undergo military or police training;
      
      
   6. Members of the Burundian armed forces and combatants of the political parties and movements who will be rationalized to yield efficient and affordable defence and security forces.
   
   

8. An organ to deal with the socio-professional reintegration of demobilized troops shall be established.
   
   
9. A technical committee to work out the programme and modalities of demobilization shall be set up.
   
   
10. The international community shall be requested to assist in the process of demobilization.
    
    
11. Following the demobilization process, a certificate shall be issued to demobilized troops.
    
    
12. Each demobilized person shall receive a demobilization allowance.

Article 22
Military or compulsory civic service

The future institutions of the country shall examine the issue in the light of the needs of the time.

Article 23
National, regional, and international environment

1. Peace in Burundi requires a favourable national, regional and international environment.
   
   
2. Burundian politicians shall undertake to respect the political neutrality of the defence and security forces.
   
   
3. After the signature of the Agreement, the armed signatories to the Agreement, politicians and political leaders, religious organizations and civil society shall be called upon to address to the Burundian population signals and messages of peace, reconciliation and national unity.
   
   
4. National observatories shall be established on genocide, ethnic hegemony and domination, oppression and exclusion, coups d'état, political assassinations, arms trafficking and human rights violations in the Great Lakes region. The establishment of similar observatories at the regional and international levels shall be promoted.
   
   
5. The Parties undertake to contribute to the restoration of peace in the Great Lakes region.

Article 24
Security partners

The security partners are:

1. The Government and the defence and security forces;
   
   
2. State institutions including local authorities;
   
   
3. The population, particularly through their support and cooperation in enforcing the laws;
   
   
4. The countries in the region;
   
   
5. The international community.