DAR ES SALAAM AGREEMENT OF PRINCIPLES TOWARDS LASTING PEACE, SECURITY AND STABILITY IN BURUNDI

We. the representatives of:

The Government of the Republic of Burundi Acting in terms of the Constitution of the Country

And

The Palipehutu-FNL

(Hereinafter referred to as "The Parties")

Having participated in the talks facilitated by the Minister of Safety and Security of the Republic of South Africa, His Excellency Charles NQAKULA, in terms of the mandate of the Regional Initiative for Peace in Burundi;

Realising that the search for peace has become of capital importance for our country to enjoy freedom, democracy, justice and peace, and for Burundi to be respected in the international community;

Determined to overcome our differences in all their forms of manifestation to promote our aspirations for unity and the consolidation of the common good for all the Burundi people;

In the presence of:

· H.E. Jakaya Mrisho Kikwete , Deputy Chairperson of the Regional Initiative on the Burundi Peace Process,

· H.E. Charles Nqakula, Facilitator

· H.E. Thabo Mbeki, President of the Republic of South Africa

· H.E. Ambassador Mamadou Bah, Representative of the Chairperson of the African Union Commission

· H.E. Ambassador Nureldin Satti, Special Representative of the United Nations Secretary General Kofi Anan

Do hereby declare and commit ourselves to be bound by the provisions of the Dar es Salaam Agreement of Principles towards Lasting Peace, Security and Stability in Burundi (hereinafter referred to as "the Agreement").

Article I

THE HISTORY OF BURUNDI AND THE ETHNIC QUESTION

1. In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long. It is therefore important to put an end to this state of affairs, to rewrite and take into consideration the history of the country. It has also proven important to put in place mechanisms to ensure that the mistakes of the past are never repeated.

2. A commission of experts with the mandate to rewrite the history of Burundi shall be created. These experts shall consult all the components of Burundi society.

3. The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission. Its mission shall be to establish the facts regarding the dark periods of our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

4. Popular consultations shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation.

5. The Palipehutu-FNL proposes to the Burundi people that the consultations should lead to a social contract.

Article II

PROVISIONAL IMMUNITY .FOR THE MEMBERS OF THE P ALIPEHUTU-FNL AND ITS TRANSFORMATION INTO A POLITICAL PARTY

1. From the start of the effective implementation of the ceasefire, the members of the Palipehutu-FNL shall enjoy provisional immunity. A procedure for the release of political prisoners and prisoners of war" shall also start.

2. After the effective separation of the political branch and the military branch, the Palipehutu-FNL could request to be accredited as a political party in accordance with the law.

Article III

REPATRIATION OF REFUGEES AND RETURN OF THE DISPLACED AND REGROUPED PERSONS

1. It would be necessary to create an environment that is favourable to the repatriation of refugees and the return to their homes of the people who were regrouped and who were displaced.

2. The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid forced repatriation.

Article IV

DEFENCE AND SECURITY FORCES

1. The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner that fosters national reconciliation and unity.

2. The Defence and Security Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.

Article V

The Regional Initiative shall remain the guarantors of this process.

Article VI

Having agreed to all the foregoing principles, the Parties agree to stop hostilities and commit to engage in serious discussions aimed at reaching a comprehensive ceasefire within a period of two weeks.

Article VII

Annexures marked "Au and "B" attached hereto constitute part of this agreement.

Article VIII

This Agreement shall come into force on the date of its signature.

Article IX

This Agreement is "drawn up in French and English and shall be translated into Kirundi and Kiswahili. The French text shall take precedence and shall be filed with

the Offices of the Secretary General of the United Nations, the Secretary General of the African Union Commission and the Parties.

SIGNED in DAR ES SALAAM on this 18th day of June 2006.

SIGNATORY PARTIES

For the Government of Burundi

Name of Representative: H.E. Pierre NKURUNZIZA

Title: President of the Republic of Burundi

For the Palipehutu-FNL

Name of Representative: H.E. Agathon RW ASA

Title: Chairman

CO-SIGNATORIES

H.E. Charles NQAKULA, Facilitator,

H.E. Jakaya Mrisho KIKWETE, Deputy Chairperson, Regional Initiative,

H.E. Thabo MBEKI, President of the Republic of South Africa,

H.E. Ambassador Mamadou BAH, Representative of the Chairperson of the African Union Commission,

H.E. Ambassador Nureldin SA ITI, Acting Special Representative of the United Nations Secretary General in Burundi.

ANNEXURE "A"

CHAPTER 1: The history of Burundi and the ethnic question

In the history of Burundi, the ethnic question has been recognised as being one of the mainsprings of the conflict that the country has endured for so long. It therefore important to put an end to this state of affairs, to rewrite and take in consideration the history of the country. It has also proven important to put place mechanisms to ensure that the mistakes of the past are never repeated.

Article 1

A commission of experts with the mandate to rewrite the history of Burundi should be created. These experts shall consult all the components of Burundi society.

Article 2

The Truth and Reconciliation Commission shall be called the Truth, Forgiveness and Reconciliation Commission.

Its mission shall be to establish the facts regarding the dark periods in our history and to identify the responsibility of the different individuals with a view to forgiveness and reconciliation among the Barundi. It should reflect the broadest representation of the Burundi society in its political, social, ethnic, religious and gender aspects.

Popular consultations' shall be organised from grassroots level to the top. Its establishment, the plan of its composition, its missions and functioning will be consecrated by national legislation.

The Palipehutu-FNL proposes to the Burundi people that the consultations should lead to a social contract.

CHAPTER 2: Provisional Immunity of the members of the Palipehutu. FNL and its transformation into a political party

Article 3

From the start of the effective implementation of the ceasefire, the members of the Palipehutu-FNL shall enjoy provisional immunity.

A procedure for the release of political prisoners and prisoners of war shall also start.

Article 4

After the effective separation of the political branch and the military branch, the Palipehutu-FNL could request to be accredited as a political party in accordance

CHAPTER 3: The repatriation of refugees and the return of displaced and regrouped people

Article 5

It would be necessary to create an environment that is favourable to the repatriation of refugees and the return of the people who were regrouped a who were displaced from their homes.

The Regional Initiative for Peace in Burundi, the AU and the UN shall ensure that no repatriated person shall be the target of persecution. The parties agree to call on the host countries to ensure that the repatriation of the Burundi refugees takes place in accordance with the relevant international laws to avoid a forced repatriation

ANNEXURE "B"

The ongoing transformation and modernization of the Defence and Security Forces shall be monitored and evaluated by the African Union working in consonance with the United Nations and other international fora. The Regional Initiative shall remain the guarantor of this process.

The current mechanism for the oversight of the Defence and Security Forces shall be strengthened.

The overarching principle guiding the Defence and Security Forces shall be to act, at all times, in a manner to foster national reconciliation and unity.

The Palipehutu-FNL shall commit human resources to every level in the process of the transformation or ongoing reform and modernisation of the Defence and Security Forces.

The transformation or ongoing reform and modernisation of the Defence and Security Forces shall be subject-to ongoing national dialogue by all people of Burundi to ensure that the Forces shall always be subject to the national agenda in Burundi for democracy, peace, justice, reconciliation, security, stability, development and prosperity.