DRAFT CEASEFIRE AGREEMENT BETWEEN THE BURUNDI TRANSITIONNAL GOVERNMENT AND THE BURUNDI ARMED GROUPS.

PREAMBLE.

1. The belligerent parties having discussed :

1.1 Motivation that led the various groups to take up arms; 1.2 Issues relating to the return to constitutional legitimacy; 1.3 Issues relating to defence and security; 1.4 Issues relating to justice; 1.5 Issues relating to ceasefire; 1.6 Transitional institutions; 1.7 National reconstruction ; 1.8 National reconciliation ; 1.9 Reform of public service 1.10 democracy and good governance.

2. The discussion and clarifications were provided in the context of the Arusha Peace and Reconciliation Agreement for Burundi.

ARTICLE I

A Ceasefire is hereby established throughout the territory of the Republic of Burundi, between the belligerents as defined. The ceasefire shall enter into force on …………… (Burundi time) at …………………….

The truce, i.e. the cessation of fighting shall enter into force within twenty-four hours after the signing of the ceasefire.

This Ceasefire Agreement is the last stage of the peace process, which is the culmination of the Arusha Peace and Reconciliation Agreement for Burundi signed on 28 August 2000 at the conclusion of the political negociations.

ARTICLE II.

1. The Ceasefire Agreement will imply :

1.1 The suspension of supplies of ammunition and weaponry

1.2 Banning the distribution of lethal logistical supplies to or from any of the forces

1.3 The release of all prisoners-of-war, the effective release of all persons arrested because of and as a result of Burundi war within …………days following the entry into force of the Ceasefire Agreement.

1.4 The withdrawal of all foreign troops after the effective deployment of a Neutral Military Observer Mission (this Mission should be led by the UN preferably, if not the Mission will be in accordance with Chapter Eight of the UN Charter) except for forces serving in Burundi under Bilateral Cooperation Agreements.

1.5 A complete ban on any mine-laying operations and the hindering of operations to remove mines.

1.6 Cessation of all propaganda between the parties, incitation of ethnic hatred both within and outside the country.

1.7 Cessation of all acts of violence against the civilian population; acts of revenge; summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorists and genocidal ideologies.

1.8 Cessation of all attacks by air, land and lake, as well as acts of sabotage

1.9 Cessation of any actions likely to impede the normal implementation of the peace process.

ARTICLE III.

1. The verification and control of the ceasefire shall be conducted by a United Nations mandated Mission, and the African Union (AU). This process will be preceded by the establishment of the Joint Liaison Teams (JLT's) that will function at national, provincial and local levels.

2. The UN Mission shall set up the organs and machinery required for the control and verification of ceasefire. It shall enjoy the status that will enable it to perform its mission that is provided en the Ceasefire Agreement including privileges and immunities enjoyed by the United Nations personnel.

ARTICLE IV.

1. The Liaison Teams will be composed of Representatives of all signatories, the UN, and the AU. The officers of the UN will lead these teams. The Joint Liaison Teams will be responsible to the UN Mission through the Joint Commission for the Ceasefire (JCC).

2. The joint Liaison Teams amongst other roles will share information and facilitate communication between parties in order to reduce the likelihood of the violations of the Ceasefire Agreement, to clarify alleged violations of the agreement and thereby assist in building confidence amongst signatories and help create trust in the peace process.

3. The duties and tasks of the Joint Liaison Teams will be established by an internal rule of order that will define the attributes, way of functioning, rights and general duties of this structure.

ARTICLE V.

1. The Joint Commission for the Ceasefire (JCC) composed of appointed Representatives of all belligerents; the UN and the AU shall be established immediately upon signing the ceasefire agreement.

2. This Commission shall be based in Bujumbura and shall be headed by the UN that will define its tasks and duties. The inaugural meeting for the Commission shall not be later………… after the signing of the ceasefire.

ARTICLE VI.

1. The signatories of the present agreement accept the following principles whose modalities of implementation specified in the Arusha Peace and Reconciliation Agreement for Burundi states.

1.1 Establishment of the rule of law based on national unity, democracy, pluralism and respect for human rights

1.2 Formation and composition of the new Burundi National Defence and Security Forces shall consist of Government forces and combatants of the armed political parties (Ref: Arusha Peace and Reconciliation Agreement for Burundi, Protocol 1, Chapter 1, Article 11, Protocol 3, Chapter 1 &2 and the related articles)

1.3 Establishment of power sharing within the framework of a broad-based Transitional Government.

ARTICLE VII.

1. The forces Technical Agreement (FTA) must be negotiated and concluded as detailed in the annexure.

Done at……………on………………

Signatories

……………………………………………. ……………………………………………. …………………………………………… …………………………………………….

ANNEXURE TO THE CEASEFIRE AGREEMENT ON BURUNDI

The annexure forms part of the Ceasefire Agreement

A.STAGES FOR CEASEFIRE

The Ceasefire Agreement will be implemented in two stages as follows:

1. Stage One 1.1 Phase one

1.1.1 Signing of comprehensive Ceasefire Agreement.

1.1.2 Declaration of Cessation of Hostilities.

1.1.3 Establishment of Joint Commission for the Ceasefire Agreement (Ref: Arusha and Reconciliation Agreement for Burundi, Protocol III, Chapter III, Article 25), the Joint Liaison Teams, with one specially dealing with the Forces Technical Agreement for Burundi Defence and Security Forces. (Ref: Arusha Peace and Reconciliation Agreement for Burundi, protocol 1, Chapter 1, Article 11, protocol 3, Chapter 1 &2 and the related articles).

1.1.4 Deployment of UN Mission.

1.1.5 Identification and selection of Assembly Areas establishment of the camps.

1.1.6 Withdrawal of all foreign forces from Burundi except those serving under Bilateral Cooperation Agreements. The Burundi Armed Forces shall withdraw from foreign countries.

1.1.7 Movement and monitoring of Burundi Armed Forces to the barracks and movement and monitoring of armed parties combatants to disengagement Areas and Assembly Areas under escort of the United Nations Mission.

1.1.8 Disarmament of the Armed Combatants, the Burundi Armed Forces and the Militias simultaneously.

1.2.Phase II.

1.2.1 Implementation of Disarmament, Demobilisation and Reintegration programmes.

1.2.2 De-mining and destruction of excess weapons.

1.2.3 Continuous engagement of the parties in an event where some have not signed the Ceasefire Agreement.

2. Stage Two.

2.1 Phase One

2.1.1 Reform and establishment of the new Defence and Security.

2.1.2 Selection of personnel for the new Defence and Security Forces.

2.1.3 Professional training of the leadership core.

2.1.4 Training of the soldiers.

2.2 Phase Two

2.1.1 Inauguration of the new Burundi national Defence and Security forces.

B. OBLIGATIONS.

1. OBLIGATIONS ON ALL THE PARTIES.

1.1.1 Upon signing the Ceasefire, parties will put in place shall address the issue of both political and war prisoners.

1.1.2 In preparing to sign the ceasefire, parties will put in place the expectations and the mechanisms required to be able to affect immediately the provisions to the ceasefire. Parties undertake to ensure that the contents and implications of the ceasefire are transmitted to the rank and file of their organisations.

1.2 At the time of the ceasefire, the parties shall cease all acts of violence and public campaigning against all other parties, including use of the media or any other public forum for inflammatory purposes or in any other manner.

1.4.1 Parties remain responsible for the command and control of their organisations throughout the ceasefire and subsequent processes. Parties will recognize the authority of the Implementation Monitoring Commission (IMC) and act in accordance with its directives.

1.5 In signing the Ceasefire Agreement, parties will undertake not to attack the UN staff, Regional forces and NGOs conducting operations in Burundi.

1.6. Parties recognize and agree that it is their responsibility to maintain strict observance and compliance to the Ceasefire Agreement.

1.7. Parties agree to participate in and to cooperate with the Joint Liaison Teams and any other ceasefire monitoring and verification mechanisms established under the Ceasefire Agreement.

1.8. Parties will before moving to Disengagement Areas ensure that mine fields and booby traps are reported, marked or rendered safe.

1.9. In moving to Disengagement Areas, the forces of all parties will transport all their weapons with them to designated places.

1.10. The Disengagement Areas and Transit Routes will be delimited and agreed by the parties during the ceasefire negotiations.

1.11. From the time the ceasefire takes effect parties will agree not to :

1.11.1 Recruit additional forces

1.11.2 Re-supply, stockpile reserves or acquire additional combat material; weaponry and ammunitions that could be used for future operations.

1.11.3. Conduct flights that could be construed as aerial reconnaissance.

1.11.4. Take reprisal actions or intimidation for past support of or participation in operations of any party.

1.12 The parties shall hand over the Certified List of their combatants, all military and equipment inventory to the UN Mission.

1.13 The parties shall declare Disposition and Location of their forces and all military equipment to the UN Mission.

1.14 The parties shall indicate on maps the areas where mine fields have been laid.

1.15. The parties shall nominate their members to serve in the joint Commission for Ceasefire Agreement and the Joint Liaison Teams at the time of signing the Ceasefire Agreement.

1.16. The parties shall ensure that their combatants surrender their weapons upon arrival at the Assembly Points and the Barracks into the custody of the UN.

1.17 The parties shall ensure that all the Foreign Armed Elements within their ranks are declared and surrendered to the UN and that these elements do not form part of the Certified List for integration purposes.

2. ADDITIONAL OBLIGATIONS ON THE TRANSITIONAL GOVERNMENT OF BURUNDI.

2.1 At the time of the signing of the Ceasefire Agreement the Transitional Government of Burundi will provide the UN implementation Plans and programs for Disarmament and Disbanding all militias. These programs are to include the collection of all weaponry, munitions, communication equipments and any other lethal equipment through surrender of these weapons to the authorities as well as the DDR Programmes.

2.2 These Programs and Plans will be implemented immediately on the signature of the Ceasefire Agreement and will be completed not later than ……………..All weapons collected will be handed over into the custody of the UN for immediate destruction.

2.3 The Transitional Government will ensure that all foreign personnel employed as mercenaries in their control depart from Burundi. The Transitional Government will also request any foreign forces in Burundi not approved by the UN to withdraw immediately from Burundi.

2.4 The Transitional Government will undertake to sign a Status of Forces Agreement (SOFA) with the United Nations Peace Mission that provides inter-alia for.

2.4.1 Legal protection for members of the operation. 2.4.2 Access to the radio spectrum of Burundi 2.4.3 Unhindered use of air space.

2.5 The Transitional Government will undertake to sign a Status of Forces Agreement (SOFA) with any other country or countries that have been designated by the regional initiative to support the peace process.

2.6 The Transitional Government will also provide the names of all individuals who are known to hold weapons officially and undertake to collect all weapons issued illegally.

2.7 The Transitional Government shall take all necessary measures to ensure the smooth integration of the armed groups from all parties.

C. INTEGRATION AND TRAINING OF THE NEW BURUNDI NATIONAL DEFENCE AND SECURITY FORCES.

1. The issues of the formation of the new national army are discussed in the Arusha Peace and Reconciliation Agreement for Burundi. The parties shall therefore discuss all matters pertaining to the formation of the new National Defence and Security Forces according to stipulations of that Agreement.

1.1 Structure.

1.1.1 The parties will design and agree on a new national system for defence of Burundi.

1.1.2 The parties will agree on the role, the missions and structures of the new Burundi National Defence and Security forces.

1.1.3 The parties will agree on the organisation, strength and composition of the new Burundi National Defence and Security Forces.

1.2 Integration.

1.2.1 The parties will agree on the integrated command and control system of the defence and security forces. This will be formed immediately after signing of the Ceasefire Agreement.

1.2.2 The integration will follow the agreed ratio.

1.2.3 The parties will agree on the rank structure for integration of the new Burundi National Defence and Security Forces.

1.2.4 The parties will agree on the criteria for selection, training, career progression and planning for integration of the new Burundi National and Security Forces.

1.2.5 The parties will agree on the selection of the countries to assist in the formation, training and integration on the new Burundi National Defence and Security Forces.

1.3 Training.

1.3.1 Each element of the force selected to constitute the new Burundi National Defence and Security Forces shall undergo training for the purpose of standardizing skills, techniques, procedures and regulations for the purpose of achieving harmonious integration of servicemen.

1.3.2 Training will be carried out in selected training institutions or camps selected for that purpose.

1.3.3 Training of the leadership core or for any other specialized purpose may be in or outside Burundi.

1.3.4 For the purpose of building own capacity, Burundians will have to be trained as instructors on Technical and specialized fields.

1.3.5 The command of the new Burundi National Defence and Security Forces as well as local and foreign trainers shall agree upon syllabuses relating to all subjects to be taught during the training.

D. CHALLENGES TO BE ADDRESSED.

1. The Forces Technical Agreement (FTA) must be negotiated and concluded as soon as possible to cover following concerns :

1.1 The excess personnel that may not be integrated into the new National Defence ans Security

1.2 The wounded and handicapped as a result of the war.

1.3 The aged.

1.4 The child soldiers.

1.5 Ranks and seniority of the combatants.

1.6 The status of the parties after de-linkage with their combatants due to integration and demobilisation.

1.7 The challenge of ensuring and maintaining public order and security during the ceasefire process.

1.8 Future security institutions such as police, prisons, immigration and customs.

1.9 The extent and implication of containment of the Burundi Armed Forces during the ceasefire process.

1.10 In signing the Ceasefire Agreement, the United nations must include a contingent of civil police in order to maintain law and order and to provide for the safety and security of the UN staff, regional forces and NGOs conducting operations in Burundi.

F. DEFINITIONS.

1. The belligerents are :

1.1 Transitional Government

1.2 The armed groups of the CNDD-FDD and the PALIPEHUTU-FNL.

2. Ceasefire.

2.1 Ceasefire means the cessation of all combat, combat related, military operations and paramilitary actions by all belligerents for or against signatories of the Ceasefire agreement and the general civilian population. Ceasefire will further include the following:

2.1.1 The suspension of supplies of ammunition and weaponry.

2.1.2 To ban the distribution of lethal logistical supplies to or from any of the forces.

2.1.3 The release of all prisoners-of-war, the effective release of all persons arrested because of and as a result of Burundi war within …..days following the entry into forces of the Ceasefire Agreement.

2.1.4 The withdrawal of all foreign troops after the effective deployment of the Neutral Military Observer Mission except for forces serving in Burundi under bilateral cooperation agreements.

2.1.5 A ban on any mine-laying operations or the hindering of operations to remove mines.

2.1.6 Cessation of all propaganda between the parties, incitation of ethnic hatred both within and outside the country.

2.1.7 Cessation of all acts of violence against the civilian population: acts of revenge; summary executions; torture; harassment; detention and persecution of civilians on the basis of ethnic origin; religious beliefs; and or political affiliation; arming of civilians; use of child soldiers; sexual violence; sponsoring or promotion of terrorists or genocidal ideologies.

2.1.8 Cessation of all attacks by air, land and lake, as well as all acts of sabotage.

2.1.9 Cessation of any actions likely opposing combat forces in which there is no armed presence of any kind.

3. Disengagement of Forces.

3.1 The breaking of tactical contact between opposing forces of the parties to this Agreement at places where they are in direct contact.

4. Separation Distance.

4.1 The establishment of a minimum distance between opposing forces in which there is no armed presence of any kind.

5. Disengagement Areas.

5.1 Those areas designated in the agreement or subsequently by the UN as an area in which forces are to be assembled for the purpose of control and safety of parties to the agreement Disengagement areas may be a geographical area or fixed location such as a barracks or other facility.

6. Security Zones.

6.1 An area that is to kept free of all armed personnel other than those of the international peacekeeping operation.

7. Transit Route:

7.1 A route agreed and guaranteed by the parties on which a designated party may move in the open in safety.

8. Violation and the Ceasefire.

8.1 Means the non-observance of any of the points mentioned above.

9. Violation of the Cease-fire Agreement.

9.1 The non-observance of the spirit and the letter of any provision of the Agreement.

10. The Joint Liaison Link Teams.

10.1 Teams established from the parties to the conflict led by observers to share information and facilitate communication between parties at a working level and help to reduce the likelihood of violations of the ceasefire, thereby clarify alleged violations of the Agreement and assist in building public and signatory party confidence in the peace process.

11. Cessation of Hostilities.

11.1 Decision of the belligerents to cease on a temporary basis all military, military-like and any other actions that can be construed as hostile towards other signatories and/or civilian population. It does not involve disengagement of forces or disarmament. A cessation of hostilities is to come into immediate effect upon its signing or proclamation. It is a step leading to a definite ceasefire agreement.

12. DDR Programmes.

12.1. Programmes that are based on beliefs that demobilisation and reintegration will not occur in a spontaneous manner and that if not in place may derail or affect the achievements of a peace process. The are normally divided into short, medium and long-term programmes and generally focus on movement from a state of conflict to one of peace and of regular civil life. These programmes generally deal with food issues and are aimed at substantial provisions for daily life until long-term orientated programmes can reach self-sustenance.

13. Joint Commission for Ceasefire Agreement.

13.1 As defined in the Arusha Peace and Reconciliation Agreement for Burundi (Ref: Protocol III, Chapter III, Article 27.1)

14. Neutral Military Observer Mission.

14.1 The Mission will be composed of forces that are not part to the conflict and have a UN mandate or are mandated by the Regional Peace initiative for Burundi in line with chapter eight of the UN Charter.

15. Bilateral Cooperation Agreement.

15.1 An agreement between the Burundi Government and a specific foreign government and not a contract between the Burundi Government and individuals.

16. UN Mandated Mission.

16.1 Any Mission sanctioned, mandated or authorized by the UN.

17. Forces Technical Agreement.

17.1 An agreement between the belligerents detailing the structure, ranks, training, composition, command and control, size, areas of responsibility, DDR programmes and other related design principles for the new Burundi National defence and security forces.

18. Assembly Areas

18.1 Areas agreed upon by parties to assemble and process specific forces for the purpose of integration.

19. Assembly Points.

19.1 A specific point in an area agreed upon by parties to assemble a specific force or forces movement to assembly area.

20. Barracks.

20.1 Facilities currently utilised by the Burundi Armed Forces.

21. Foreign Armed Elements

21.1 Means all foreign elements currently taking part in operations for or against any of the belligerents in the Burundi situation.

22. Status of Forces Agreement

22.1 An agreement between the Transitional Government of Burundi and the UN or any country contributing forces for the Peace Mission in Burundi containing conditions, immunities, procedures or limitations for the forces to be deployed for the Peace Mission.

23. Transit Routes

23.1 A designated route that is agreed, accepted and guaranteed by parties, where the designated party can move openly in all security.

24. Disengagement Area

24.1 Zones or areas identified in this agreement or later by the joint commission for the cease-fire as a region where forces must be gathered for reasons of control and security of the parties involved in the agreement. This zone or area ca be geographic or identified places for armed groups or barracks for Burundi Armed Forces to submit to the process of the ceasefire.

This draft Ceasefire Agreement has been prepared by a Joint Task Team composed of experts representing the following :

Republic of South Africa

Republic of Gabon

United Republic of Tanzania

The United Nations.

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