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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Accord de Partage de Pouvoir au Burundi
Record 208

Country :

Burundi

Agreement Title/Name:
Accord de Partage de Pouvoir au Burundi
Year :
2004
Date Signed :

6 August 2004

Summary :

Short agreement which deals with the 'partage de pouvoir, the Facilitation provides a summary conclusion.


Parties :
Third Parties :
Statehood/Identity :
Parties will not expose their country to ethnic violence. The People are in accord with the constitutional principles and their mode of application: a system of democratic governance, inclusion of minority political parties, inclusion of ethnic groups, and a system of national security and of justice to guarantee security to all Buundlais and the ethnic minorities (art 3). All the parties can see their national character reflected in the structures directrices. They will not promote exclusion, violence or working against ethnic, tribal or regious or regional minorities (7). This is an acceptable compromise necessary for a new order on the base of unity, solidarity and cooperation between the ethnic groups of Burundi, democracy, peace and stability (art 23). It is only with this accord, and respect for the state's protection for human rights, that it is prossible to live in security and dignity (art 24).
Governance/Democratic Inst :
The Constitution is in accordance with these principles. There is a bill of rights, with grauntees for all ethnic groups (art 4, and 5). A constitutional cournt (6). There is a President, and Vice Presidents. Powersharing in ministeries (60/40). (Arts 9-11). People need to have at least 5% of the vote of the National Assembly to serve with council of Ministers. Assembly is proportionae. A mechanism of cooption should apply to address any inequilibrium (art 14). Senate 50/50 representation (Art 15). Administrators 67% / 33 % Utus et Tutsis, depending on varioutations which can be introdcued in the senat for ethnic diversity (art 16). There can be pacts but these are private arrangements (Art 17). Police, Army, and administration of the state, and board of enterprises are all to be proportional.
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Not Applicable
Judicial Reform :
Not Applicable
Policing :
The structures of security of the state, and the Defence Forces and the Police and Services de Renseignement will be constituted in accordinance with the equilibrium approved after a period of transition, with the need of an ethnic equilibrium, and to prevent acts of genocide (art 18).
Refugees/Land :
Not Applicable
Civil Society :
Preamble notes that the agmt was agreed further to consultation with civil society on sharing capacity
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
There will be ? A referendum on the constitution, and on other legislation 'affereente. (Art 22). Note: This facilitator mechanism was itself and enforcement mechanism.
International Community :
UN Involvement :
Source :
UN Peacemaker


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