Protocol V

Guarantees on Implementation of the Agreement

Preamble

We, the Parties,

Aware of the importance of guarantees in any peace process, and particularly in the implementation of peace agreements,

Having learned the lessons from the failure of previous agreements in Burundi,

Desirous that peace and reconciliation should be based on an agreement that is clear, precise, specific, unequivocal, comprehensive and implementable in Burundi in accordance with the implementation timetable contained in Annex V to the Agreement,

Having expressed a solemn commitment to assume joint responsibility for the content of the Agreement,

Concerned also about the negative impact of the conflict on Burundian women and children,

Recognizing the unique potential of women to contribute to the healing, reconstruction and development of Burundian society,

Aware that the Burundian people is the focus and beneficiary of the Agreement concluded in its name,

Confident of the will and ability of Burundians to restore peace and harmony in their country, with the support of the international community,

Resolved to ensure the effective implementation of the Agreement,

Have agreed as follows:

Article 1
Acceptance and support of the Agreement by the Burundian people

All the Parties commit themselves to undertake a broad campaign to inform and sensitize the population about the content, spirit and letter of the Agreement.

Article 2
Transitional institutions

1. The transitional institutions shall be established and operate in accordance with the relevant provisions of Chapter II of Protocol II to the Agreement.
   
   
2. The men and women called upon to lead the transition must, at all times, show integrity, determination, patriotism and competence, and devote themselves to the interests of all Burundians without any discrimination. They must take a solemn oath before assuming their duties.
   
   
3. The duration of the transition period shall be as specified in article 13 of Protocol II to the Agreement.

Article 3
Implementation Monitoring Committee

A committee to follow up, monitor, supervise and coordinate the implementation of the Agreement, hereinafter referred to as the Implementation Monitoring Committee, shall be established.

1. Role of the Implementation Monitoring Committee

   The functions of the Implementation Monitoring Committee shall be to:

   1. Follow up, monitor, supervise, coordinate and ensure the effective implementation of all the provisions of the Agreement;
      
      
   2. Ensure that the implementation timetable is respected;
      
      
   3. Ensure the accurate interpretation of the Agreement;
      
      
   4. Reconcile points of view;
      
      
   5. Arbitrate and rule on any dispute that may arise among the signatories;
      
      
   6. Give guidance to and coordinate the activities of all the commissions and sub-commissions set up pursuant to each protocol for the purpose of implementing the Agreement. These commissions and subcommissions shall include the following:
      
      
      • The Technical Committee to implement the procedures for the establishment of a national defence force;
        
        
      • The Technical Committee to implement the procedures for the establishment of the national police;
        
        
      • The Ceasefire Commission;
        
        
      • The Reintegration Commission;
        
        
      • The National Commission for the Rehabilitation of Sinistrés;
        
        
   7. Assist and support the transitional government in the diplomatic mobilization of the financial, material, technical and human resources required for the implementation of the Agreement;
      
      
   8. Decide on the admission of new participating parties in accordance with article 14 of Protocol II to the Agreement;
      
      
   9. Perform any other duty specifically allocated to it by the Agreement.
      
      
2. Composition and structure of the Implementation Monitoring Committee
   
   
   1. The Implementation Monitoring Committee shall have the following composition:
      
      
      1. Two representatives of the Parties;
         
         
      2. One representatives of the Government;
         
         
      3. Six Burundians designated for their moral integrity;
         
         
      4. Representatives of:
         
         
         • The United Nations;
           
           
         • The Organization of African Unity;
           
           
         • The regional Peace Initiative on Burundi;
           
           
   2. The Implementation Monitoring Committee shall be chaired by the representative of the United Nations, who shall act in consultation with the Government, the Organization of African Unity and the Regional Peace Initiative on Burundi;
      
      
   3. The Implementation Monitoring Committee shall be based in Bujumbura and shall have an Executive Council, to which it may delegate such of its powers as it deems appropriate;
      
      
   4. There shall be a secretariat to service the Implementation Monitoring Committee and the Executive Council.
3. Functioning and powers of the Implementation Monitoring Committee
   
   
   1. The Implementation Monitoring Committee shall begin its operations upon the appointment of its chairperson, and its mandate shall end when the Government elected during the transition period takes office. It shall draw up its own rules of procedure and work programme.
      
      
   2. The Implementation Monitoring Committee shall possess the requisite authority and decision-making powers to perform its functions impartially, neutrally and effectively.
      
      
   3. Decisions of the Implementation Monitoring Committee shall be taken by the Parties, by consensus or failing that by a four-fifths majority.
      

Article 4
The Facilitator

The Facilitator shall continue in his role as moral guarantor, recourse authority and conciliation agent.

Article 5
Commissions

1. The Implementation Monitoring Committee, in collaboration with the Government, shall establish commissions and sub-commissions responsible for sectoral activities as provided for in paragraph 1 (g) of article 3. Their activities shall be coordinated by the Implementation Monitoring Committee, to which they shall report.
   
   
2. The Implementation Monitoring Committee shall, when setting up commissions and subcommissions, specify their composition, functions, structures, location, decision-making process and leadership, as well as the timetable for the completion of their activities.
   
   
3. International Judicial Commission of Inquiry
   
   
   1. The transitional Government shall address the request referred to in article 6, paragraph 10, of Protocol I to the Agreement to the United Nations Security Council within 30 days from its installation.
      
      
   2. International criminal tribunal

      The Government of Burundi shall address the request referred to in article 6, paragraph 11, of Protocol I to the Agreement to the United Nations Security Council within 15 days after publication of the report of the International Judicial Commission of Inquiry.

4. National Truth and Reconciliation Commission
   
   The transitional Government, in consultation with the Bureau of transitional National Assembly, shall establish the National Truth and Reconciliation Commission pursuant to article 8 of Protocol I to the Agreement not later than six months after taking office. The Commission shall begin work within 15 days after its establishment.
   
   
5. Technical Committee to implement the procedures for the establishment of a national defence force
   
   
   1. The establishment of the national defence force, its name, its strength, its training, its conditions of service and its functioning shall be as defined in the relevant provisions of Chapter II of Protocol III to the Agreement and in organic laws, regulatory texts and disciplinary rules adopted pursuant to article 11, paragraph 5, and article 19 of that Protocol.
      
      
   2. The organic laws, regulatory texts and disciplinary rules referred to above shall be adopted by the appropriate transitional institutions within 30 days from the adoption of the Constitution.
      
      
   3. The Technical Committee to implement the procedures for the establishment of a national defence force referred to in article 14, paragraph 1 (d) of Protocol III to the Agreement shall be constituted within 15 to 30 days after the adoption of the texts referred to in paragraph (b) above. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
      
      
6. Technical Committee to implement the procedures for the establishment of the national police
   
   
   1. The creation, name, missions, composition, strength, training, conditions of service and functioning of the national police shall be as defined in the relevant provisions of article 14, paragraph 2, article 15, article 17, paragraph 3, and article 20 of Protocol III to the Agreement.
      
      
   2. The Technical Committee to implement the procedures for the establishment of the national police set up pursuant to the provisions of article 14, paragraph 2 (c) of that Protocol shall be constituted within 15 to 30 days from the date when the transitional Government takes office. Its work shall begin within seven days after its constitution, and shall be concluded before the start of the electoral process.
      
      
7. Ceasefire Commission
   
   
   1. The ceasefire, as defined in article 25 of Protocol III to the Agreement, shall take place on the date of signature of the Agreement.
      
      
   2. The Ceasefire Commission provided for in article 27, paragraph 1 of Protocol III to the Agreement shall be established by the Implementation Monitoring Committee on the day the Committee starts its activities. It shall begin its work upon the appointment of its chairperson.
      
      
   3. In conformity with article 27, paragraph 1 of Protocol III, the Ceasefire Commission shall consist of representatives of the Government, the combatants of the political parties and movements, the United Nations, the Organization of African Unity and the Regional Peace Initiative for Burundi.
      
      
   4. The Ceasefire Commission may establish offices in the military regions of the country, as well as in the quartering locations and at other points as its functions may require.
      
      
   5. The functions of the Ceasefire Commission shall be as defined in article 21, article 27, paragraphs 1(d), 2, 3 and 4 and article 28 of Protocol III of the Agreement.
      
      
   6. The operations consisting of the ceasefire, disengagement, quartering and demobilization of the forces shall be completed within six months from the commencement of the activities of the Ceasefire Commission.
      
      
   7. Deployment and operations of the international peacekeeping force provided for in article 27, paragraph 5 of Protocol III to the Agreement shall commence as soon as possible after the establishment of the Ceasefire Commission. They shall be conducted in coordination and cooperation with the Ceasefire Commission.
      
      
   8. In performing their duties, the members of the Ceasefire Commission as well as those of the international peacekeeping and security force shall enjoy complete freedom of movement throughout the territory of Burundi.
      
      
   9. The amnesty provided for in article 26(1) of Protocol III to the Agreement shall go into effect on the date of signature of the Agreement.
      
      
8. Reintegration Commission
   
   
   1. The organ provided for in article 21, paragraph 8 of Protocol III to the Agreement, hereinafter referred to as the Reintegration Commission shall have the role of organizing, supervising, monitoring and ensuring the effective economic and social reintegration of the troops and combatants who, as a result of the demobilization process carried out in conformity with article 21 of Protocol III to the Agreement, have become civilians.
      
      
   2. The Reintegration Commission shall consist of representatives of the Government, the United Nations and the Organization of African Unity. It shall be chaired by the Government.
      
      
   3. The Reintegration Commission shall commence its activities on the day of its establishment. These activities must be completed before the commencement of the electoral process.
      
      
9. National Commission for the Rehabilitation of Sinistrés

The organ provided for in article 3, paragraph (a) of Protocol IV to the Agreement, shall be constituted within 30 days after the signature of the Agreement. It shall begin its work upon the election of its chairperson and shall report to the Implementation Monitoring Committee. It shall be based in Bujumbura. It shall be in place until the end of the transition period.

Article 6
Genocide, war crimes and other crimes against humanity

The Implementation Monitoring Committee shall ensure implementation of the measures specified in Protocol I to the Agreement relating to the prevention. suppression and eradication of acts of genocide, war crimes and other crimes against humanity.

Article 7
Role of the international community

1. The involvement of the international community in the implementation of the Agreement is necessary, both as a moral and diplomatic guarantee and as a provider of technical, material and financial assistance.
   
   
2. In this respect, the Burundian Government shall immediately following the signature of the Agreement send formal requests to the countries and organizations agreed upon by the Parties inviting them to participate in and render their financial, technical and material support to the implementation of the Agreement as provided for in the relevant provisions of the present Protocol and of Protocols I, II, III and IV.

Article 8
Peacekeeping

Immediately following the signature of the Agreement, the Burundian Government shall submit to the United Nations a request for an international peacekeeping force in conformity with and for the purposes set forth in article 27, paragraph 5 of Protocol III to the Agreement. Account must be taken of United Nations practice in this respect. This force shall be responsible inter alia for:

1. Ensuring respect for the ceasefire;
   
   
2. Supervising integration;
   
   
3. Providing technical support for demobilization aid and training;
   
   
4. Ensuring protection of the institutions and of any public figure who so wishes;
   
   
5. Assisting in the establishment and training of an ethnically balanced special unit for the protection of the institutions.

Article 9
Financial guarantees

Implementation of all the reforms and programmes contained in the Agreement will require financial support from donors. In this context, the Facilitator, in coordination with the Implementation Monitoring Committee and the transitional Government, shall take the necessary steps for a donors' conference to be convened to raise funds for the reconstruction of Burundi.

Article 10
Role of the region

1. The Parties urge the heads of State of the countries of the region to continue to provide their support for the peace process in Burundi.
   
   
2. The heads of State of the region shall also constitute guarantors of the Agreement.

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