FORCES TECHNICAL AGREEMENT fFTA)

BETWEEN

IKE JRAJ ÎSITIOMAL GOVERNMENT OF TH£ REPUBLIC_OF_BURUî Dl" AND.

Tl! JLN ATJONi VLS 2 UNCILFORTHED EFENC E JILEtEM OJCRA C.Y ~FORCES FOR THE DEFENCE OF DEMOCRACY fCNDD - ± 0 0 }

Reference!: Arusha Peace and Reconciliation Agreement.

2: Ceasefire Agreement 02 December 2002.

INTRODUCTION

1.0 The Transitional Government of i'he Republic of Burundi(Transitional Government of Burundi) and Ihe NationalCouncil for the Defence of Democracy - Forces for theDefence of Democracy (CNDD-FDD) agree on thefollowing provisions, concerning the Forces TechnicalAgreement (FTA):-

a. Part I. Burundi Defence and Security Forces.

1I) Burundi National Defence Force(2) Burundi National Police(3) National Intelligence Service

b. Part II. Formation of Hie Burundi National DefenceForce (BNDF) and DDRR Process

1.1 For purposes of addressing the current securitys i t u a t i o n i n B u r u n d i , Article 1.1.7, 1.L8 and 1.1.9 ofAnnexure ? to the Ceasefire Agreement (CFA) of 02December 2002 shall apply. The modalities ofimplementing article l.i.7, 1.1.3 and 1.1.9 will beclarified in an MOU on Joint Military Force (JMF).

1.2 The two parties agree to provide the data concerningtheir forces to the Chairperson - Joint CeasefireCommission (JCC) in confidence. (See details inAnnex A to the FTA).

PARTI

BURUNDI DEFENCE: AMD SECURITY FORCES.

2.0 Burundi National Defence Force (BNDF)

2.1 The Name

The new-armed force shall be called The BurundiNational Defence Force (BNDF).

2.2 Roles and Principles:

a. Roles

(1) To defend ;he territorial integrity andnational sovereignty of Burundi.

(2) To repulse any armed aggression directedagainst the institutions of fhe Republic.

(3) To intervene in exceptional circumstancesin the maintenance of public order, on Hieformal tequesi of the competent civilauthority.

(4) To part icipate in rescue and assistancemissions in the event of natural disasters.

{5} To contribute towards the development ofthe country with regard to majorproduction and training activities.

(6) To protect strategic and vital nationalinstallations.

(7) To part icipate in peace support operationsunder the auspices of the United Nations(UN), the African Union (AU) or theRegional Organisations when theGovernment is ready fo part icipate.

b. Principles

(1) The BNDF shall be:

• Governed by the laws and regulationsof the counfry.

• AT the disposal of the government,subordinate to if:; authority andaccountable to the legislature.

(2) The BNDF shall be non-partisan.

(3) Members of the BNDF shall noi be affiliatedio polifical parties or any ofher organisationof a Political nature. They shall neither takepart in activities nor demonstration: ofpoiilical parties or organisations.

(4) Members of the BNDF may exercise Iheircivil right to vote in elections.

2.3 Command, Control and Supervision

a. The BNDF shall be placed under the control andsupervision of competent civil authority.

b. The President of the Republic shall be iheCommander-in- Chief ot the BNDF.

a The National Defence Forces shall be placedunder the Ministry of National Defence.

d. The BNDF shall be under the direct commandand control of ihe Chief of General Staff (CGS).

2.4.0 Size, Composition, Structure and Organization

2.4.1 Size

The size of the BNDF shall be determined by:

• Potential internal and external threats..

• Financial and economic means of fhecouniry.

• Defence Doctrine/Policy

2.4.2 Composition

• During fhe integration phase fhe 6I-4DF shallbo composed of selected members of;

The current Eiurundi Armed Forces(FAB).

Combatants of the CNDD-FDDMovement.

The combatants of other armedpolitical parlies.

» After integration volunteer Burundiancitizens could be recruited.

. The BMDF shall not consist of more ihan 50%of any of the ethnic groups as per ArushaPeace and Reconciliation Agreement(protocol III chapter 2 article I 4 . Ig ).

2.4.3 Structure

The organizational charts indicating thestructure of fhe BI-4DF are attached asAnnex IS.

2.4.4 Organization

The Notional Defence Force

a. Force Employment

The Commander in Chief (C-irv-C)shall be responsible for forceemployment

b. Functions of 1he CG$

The CGS shall have (he followingfunction:,:

• Imp'ement decisions of thegovernment.

« CoiTimand, con tro] andadministration of the NationalDefence Force.

'» Co-ordinate the activities of theservices and lower echelons.

* Liaison at the administrativelevel, between the BMDF - as aninstitution and the Governmentthrough the Minister of NationalDefence.

Force Preparation

The Chief of General Staff assisted byservice heads shall be in charge offorce preparation in accordance withrequirements of specified missions.

2.4.5 Military Career

a. Principle

Military career shall be exercisedeither under contract or permanentterms. Details of terms and conditionsof Service to be determined

according to the rules andregulations.

b. Rank Siruclure

FAB rank structure; shall be used in theNew National Defence Force. In theinterim the ranks of members of allsignatories shall be recognized until asub commission of Ihe JCCresponsible for the evaluating theranks of the individuals makes a ruling.

c. Service

The service history of all members fromFAB, CNDD-FDD and armed politicalparties shall be verified.

2.5.0 Training or the BMDF

2.S.I Policy

» The general training policy aimed a Iupgrading the professional level of IheNational Defence Force shall be doneaccording to the doctrine that will beadopted.

• The integrated National Defence Forceshall undergo training for the purpose ofstandardizing skills, techniques, proceduresand regulations.

• Leadership and specialist training may beconducted in or outside Burundi.

2.5.2 Training of Immediote Concern

• Training of immediate need to the selectedmembers, will be the 'Bridging Training'. Thiswill fake into account the experience andtraining already received by individuals

from the integrating forces. The training willbe carried out in selected traininginstitutions.

• Special emphasis shall be placed on civicand moral education.

3.0 BURUNDI NATIONAL POLICE (BNP)

3.1 Name

The Burundi Po])ce Force snail be called 'BurundiNational Police (BNP)'.

3.2 Roles and Functions

a. The Public Security Police

(1) Ensure respect for laws andregulations.

(2) Ensure physical protection of peopleand their property.

(3) Help and provide assistance topeople in danger or distress.

(4) Intervene in the case of tragedies orcalami lies.

(5) Foresee various scenarios for civilprotection.

(6) Maintaining and re-establishing publicorder.

(7) Ensure the protection of publicinfrastructure and property.

(S) Ensure road security over the wholeterritory.

(9) Einsure the projection of publicmeetings upon the request of theparlies concerned, upon instruction ofthe adminis Ira five authorities or oneach own initiative when there isneed.

(10) Ensure the protection of theinstitutions.

o. The Judicial Police (JP)

(1) Prevent crimes, search and prosecutetheir perpetrators and carry out arrestsin accordance with the law.

(2) Ensure the missions of the judicial andadministrative police.

(3) Ensure ihe pro t e d ion of 1he courtsand tribunals.

(4) Handling criminal affairs of greatimportance, like economic crimes,crimes by itinerant criminals or group:;organized on a national orinternational level.

(5) Establish statistics on crime and usethem.

(6) Ensure the Interpol service.

The Police of the Air, ESorders and Foreigners(PAFE)

(1} Handling immigration, emigration and thestatus of foreigners;

(2) Controlling the movemenis of foreigners onthe whole national territory.

(3) Guarding land, lake and air borders.

(A) Providing traveling documents andresidential permits.

d, The Prison Police (PP)

(1) Ensure the security ot the prison anddetainees.

(2) Ensure the safety ot the police camp

(3} Ensure the escorting of Ihe detainees going

to court and the various jurisdictions.

(4) Provide security of detainees during the

production work,

(5) Ensure escorting of prisoners during transfers

(6) Ensuring the guarding of hospitalized

prisoners.

(7) Ensuring She escorting of detainees during

medical care or when leaving the prison

with permission.

3.3 Principles

a. The Burundi National Police shall be:

• Governed by the Jaws and regulations of thecountry.

« At the disposal of the government,subordinate to its authority and accountablebefore the law.

b. The Burundi National Police shall be non-partisan.

c. Members of the Burundi National Police shall notbe affiliated to political parties or any otherorganisation of a political nature. They shallneither take part in activities nor demonstrationsof political parties or organisations.

cl. Members of the Burundi National Police mayexercise their civil righ f to vote.

3.4 Command, Control and Supervision

a. The National Police Force jhall be placed underthe supervision of the competent civil authorities.

b. The National Po'fce Fores shall be placed undera Ministry charged wilh responsibility of PublicSecurity.

c. The National Police Force shall be under thedirect command and control of the DirectorGeneral of Police.

3.5 Size, Composition, Structure and Organization

3.5.1 Size

a. The size of ihe Burundi National Police shallbe determined by the following factors;

(!) The Internal Security situation

(2) The different roles and functions to be

carried out

(3) The Burundi population

(4) The economic and financial means

(5) The budget al located \o ihe National

Police.

(6) The permeabil i ty of fhe borders.

3.5.2 Composition

a. The Burundi National Police Force shall becomposed of:

(1) Members of ihe current BurundiPolice Force.

(]} Members of the currentBurundi

(3) Selected combatants from theCNDD-FDD Movement and otherarmed political parties.

(4] Volunteer Burundian citizens recruitedon the basis of their competence.

The National Police Force will not consist oimore than 50% of members from any of theethnic groups. This is in accordance withArusha Peace and Reconciliation forBurundi {Protocol III, Chapter 2 art \A para 2

3.5.3 Structure

The organizational chart indicating thestructure of the National Police Forces \sattached as Annex 'C\

3.5.4 Police Service

a. Principle

Police service shall be exercised eitherunder contract or permanent terms.DeTciils of terms and condiijons ofservice will be set in accordance withrules and regulations.

b. Rank Structure

[1] The current Police rank structureshall be used in the NationalPolice Force.

(2} Entry point and the equating ofranks for members of FAB,

CNDD-FDD and other armedpolitical groups to be integratedinto police shall be decided by asub-committee of the JCC.

3.5.5 Training oi: the National Police Force

a. Policy

(V) The general training policyaimed at upgrading theNational Police shall be basedon the police doctrine.

(2) Each element of the forceselected to constitute the PoliceForce shall undergo training forthe purpose of:

• Acquiring and standardizingskills, techniques, aptitudesprocedures and regulations.

• Achieving harmoniousintegration of servicemen.

b. Training of immediate Concern

* Members selected to join thepolice from FABf FDD and otherpolitical parties will receiveaccelerated training to enablethem work, together.

4.0 NATIONAL INTELLIGENCE SERVICE

4.1 Name

The Burundi Intelligence Organisation shall becalled 'National Intelligence Service'

4.2 Roles and Functions

a. Detect as soon as possible eminent threat tothe state.

b. Collect, centralize and control any intelligencethat may contribute to Ihe protection of thestate, Its institutions and internationalrelations, as well as the prosperity of theeconomy.

c. Detect as soon as possible what activitiesthat may lead to insecurity and violence or achange in the state institutions throughundemocratic means.

d. Detect as soon as possible attempts tomanipulate ethnic or regionalist sentimentsas a way to get or maintain power.

e. Deled as soon as possible any threat to theconstitutional order, public security, territorialintegrity and national sovereignty.

f. Detect as soon as possible any terrorist actions,illegal drug trafficking and forming ofcriminal organizations.

g. Detect as soon as possible anymisappropriations in the state services.

h. Delect as soon as possible any threat to theecological environment of the country.

4.3 Control

The intelligence service shall be placed under theMinister responsible for intelligence.

4.4 Size, Composition, Structure and Organization474.1 Size

The size of the National Intelligence Serviceshall be determined by its roles, functionsand availability of fesources.

4.4.2 Composition

a. The intelligence service shall becomposed of:

(1) The current Intelligence service

personnel.

(2) Selected members of CMDD-FDD

movement who meet Ihe

I requirements.

(3) Members of armed political

parties as well as other citizens

who meet the requirements.

b The National Intelligence Service shallnof contain more than 50% ofmembers belonging to a paiticularethnic group.

4.4.3 Structure and OrganisationThe chart showing the structure andorganization of the National IntelligenceService is attached as Annex 'D'.

4.4.4 TrainingThe National Intelligence Servicepersonnel shall receive specific traininginside and outside the couniry.

FORMATION OF THE BURUNDI NATIONALDEFENCE FORCE

1.0 THE PROCESS

I.'I.'I The Burundi Notional Defence Fcrce shaif beformed under Hie supervision of IMC, AMiB andJCC.

1.1.2 The iollowing steps will be carried oul in theformation ot the BMDF:

a. Disengagement and separation of forces

This shall be conducted under the supervision ofthe AMIB and the JCC in accordance with theprovisions of the CFA of 02 December 2002 inconjunction with the parties concerned(Transitional Government of Burundi and CNDD--FDD|.

b. Cantonment and DDRR Process

(!) The cantonment and DDRR processes shallbe conducted under the supervision of theAMIB and the JCC in conjunction with allthe parties concerned and supportinginternational organizations. Cantonmentshould not be an end in itself, but rather afunction of verification, military integrationand demobilization activities, i.e. a placewhere these activities are completed asquickly as possible so that the peaceprocess can be consolidated anddemobilised soldiers can get back tocivilian life.

(2) All necessary data for planning andconducting programmes concerningcantonment and DDRR shall be

immediately provided by all the pcHies torelevant bodies.

(3) All concerned stakeholders shall establish ajoint Operational Plan to implement theDDRR programmes according to agreedtime frame.

H| The movement of lorces ol alt the partiesshall be conducted in accordance with theprovisions of the 02 December 2002 CFA,namely Article 1.1.6 and 1.1.7 of Annexure1,

Integration Process

(1) Criteria for the selection of Servicemen intheBNDF.

The selection of servicemen to constitutethe BNDF by each party and those to bedemobilized shall be* carried out in Ihecantonment sites. Service to constitute IheNational Defence force should meet thefollowing criteria: -

•:• Officers shall:> Be volunteers> Serving as officers> Be Burundian Nationals> Be physically fit.

(2) The war - wounded and handicappedshall, however, remain eligible for Armyservice, according to Iheir specializations,unlike the disabled sep/icemen who shallbe demobilized but assisted. This shallapply to all categories of servicemen.

• NOD - Commissioned officers shall:• Be volunteers,• Serving as Mori - commissioned

officers.

16

" Burundion NationalsPhysically fit

•:• Soldiers

" Be volunteers" Be serving as Servicemen or

combatants.• Be Burundian Nationals" Be physically fit

2.0 POWER SHARING IN THE DEFENCE AMD SECURITY FORCES

• The principle of parity shall apply. The followingpercentages shall be used:-

• Transitional Government of Burundi - 60%

CNDD-FDD -40%

Details of power sharing in the defence and securityforces are contained in the MOU.

3.0 INSTITUTIONS TO OVERSEE THE IMPLEMENTATION OF THECEASEFIRE AGREEMENT.

The following instiiufions are mandated to oversee theimplementation of the Ceasefire Agreement:-

a. The African Mission in Burundi (AMIB).

b. The Implementation Monitoring Commitlee (IMC).

c. The Joint Ceasefire Commission (JCC).

d. The Facilitator and the Regional Initiative on Burundi.

3.1 THE AFRICAN MISSION

The mandate given to the AMtB by the All is attachedas Annex E to the FTA. II deals with all mailers relatingto the missions, composition and tasks of the civilian

and military (African force and Military Observers)components of the AMIB.

3.2 JOINT CEASEFIRE COMMISSION (JCC)

The mandate given to the JCC by I he UN inconjunction with [he Facilitator and the AU haitached as Annex l: \o the FfA. fi deals with aitma Hers relating 1o the ceasefire implementaiionprocess.

3.3 IMPLEMENTATION MONITORING COMMinEE (IMC)

The IMC has been sei up in accordance with ArushaPeace and Reconciliation Agreement of 2000 thatspecifies its composilion and duties. This all-inclusiveinstitution shall accommodate all Burundianbelligerent.1;. Refer to Protocol V, At fide 3 ol ArushaPeace and Reconciliation Agreement 2000.

3.4 THE: REGIONAL INITIATIVE ON BURUNDI AND THEFACILITATOR

The Regional Initiative on Burundi and the FacNitcMorare the Initialors of the on going Peace andReconciliation Agreerneni tor Burundi as well asguarantors of all the agreements thai have beensigned between the parties. They continue to co-ordinate all efforts to reach an all-inclusive andcomprehensive ceasefire to achieve peace andstability in Burundi ond in Ihe region. They arecommitted to gaining international support to theBun mrli npnrp nror-R^

LIST OF QUESTIONS TO SIGNATORIES

ANNEX ATO TFA

a. Joint Ceasefire Commission (JCC): Ranks and name1;.

i>. Joint Liaison Teams (JLT): janks and names (2 member; loreach JLT from each party, lor approximately 18 JLT's).

c. Senior Liaison Officer at Assembly Areas !evei: ranks andnames of 'senior officer appointed by each party to serve as amember of the mariagemenJ council of the Assembly Areas.

d. Very Important Personalities (VII1): jotal, names, functions andresidence.'; of personalities fo be protected (indicate dafes onwhich the interested will move fo their personal homes orresidences allocated to them).

Total number of personnel.jto be taken into account:

a. Total number oj.c.gmbafqnti5_who_^h_gijld join the identifiedAssembly Areas,

1. Senior Officers (preferably with names).2. junior Officers3. Senior Non-commissioned Officers4. Non-commissioned Officers5. Privates

b. Specify the total number of child soldiers funder 18 years)supposed to be in fhe identified reassembling zone:;.

c. Specify the availability of teams of instructors from each partycapab le of participating in the framework of basictraining/orientation. At fhe identified reassembling zoneslevel.

TgjgTjnjmberof_deBendQnfs accompanyingIhe combatants

a. The aged (men and women)b. Spouses [wives}c. Children

C-050(E)VK/HF

Actual l.ocg.SiQ.n.an.d total .nmriber:

a. Current locations (sectors) of each group (indicate on themap)

b. Tola! number of each group in each given location [sector)

Armanien^gnd. equipment (certified list):

a. Vehicles and system of mobile weapons on wheels.b. Heavy weapon:; [artillery, mortars ana anti-tanks).c. Light weapons (machine guns, rifles and pistols),d. Quantities ot ammunition for all types of arms.e. Communication equipments (transmissions).f. Location of armaments and ammunition caches.g. Specify mine areas (details to be provided after).

Areas of regroupment and Movements

a. Indicate if the intention of the concerned parties is to makethe whole group join at once or to proceed in phases(subject to discussion), j

b. Certified lists (with oil the details) muii be available onrequest. !

c. Each party must be ready to furnish on request the names ofthe representatives at the level of other identified structures

d. Specify the understanding ot the training concepts during theDDR, including orientation/basic iraining in reassemblingzones.

e. Propose structures [joint working groups, joint working teams)which will be responsible for certain duties or specific projects.

C-05()(E)V K/HF

BNDF STRUCTURE Annex B

Inspector General j

Training' IInstitutions

iTunadder in Chief(President)

rniitjcai Head(MuD)

i Chief of Geaeialitaffi offiic Armed Forces

Deputy Chiefof Geiieial Staffof ;iic Armed Vena

Specialised Units Military Region | Wing

Chief of SUITMilitary Reg'Oji

Maritime.Wing

I MiULiry Regioft | |/Mif^aiyJRegioii| | Military Regio•—i j—^T7~~—7w] p-..'..̂ ,'̂ J "--'j

! 1 1 ! i 1 1'• Medical. J Logistical %

Services' ; j Estb'-;;;'Sisnai - Commandos •Pardchule ! j , Atr Defence

• Ba's BegimeiUj Aitillery'| Regiment

1 I . IArniGuied'''! L-J-n.igin.efer-

Utiits" -j j Kcgimfent"

Trayosi Unit,'(Pre^fite)-;,1-

Annexe CBURUNDI NATIONAL POLICE STRUCTURE

Ivrijiigrer responsibleCor public security

Duecto! Gs'ierjl of Poin.

-General Inspection'-

.Cincf Commissions of I r j l i e i Cyinrnibsioner of^Police Ops agcl Tiarotng j public Secur.tj Police

Chief Commissioner of| Poiics CID

f

i Deputy Gjmmiss.iu.ner of I j Traffic Pohce| Piihiic Secunty Police [ j Commissioner

| , Commissionsrj ^ l .nnalPol iceI College

v ComtnissioasrBonders, Inmiigiatiou

(PAFE)

1 Finance j j Personnel'andv

r.rr. .s~m.icr Ci imFiiInvestigations I^teil'gence "" I- JudicialEojfce

Documentation

NATIONAL INTELLIGENCE STRUCTURE

M n

i

tepie j;

mne N alL

r

b e

o C11

i

enfi

n

1

al

g

e

Director GsasrjiL'.- j

DirectorExtcniai Secyritv'

Director of Finance Vl• -And Logistics'

IT-IE ANALYSIS OF THE POWERSHARING PROPOSALS

Miinistry of Defence Power slharing

POSITION

PercentagesDirection:; and GeneralInspectionSpeicaliseii servicesPersonalisedAdministratorMilitary Courts

weDepartment- Heads

- DeputiesAdvisors.Senior InspectorsInspectorsTotals

NUMBER OF

4

:i3

351011)5

51464

POSTS TGOB

60%

3

32

23663

13i)40

CNDD-FDD

40%

1

21

124

| 42

2

_ 524

ARMY STAFF BDEADC

POSITIONS

PercentagesChief or Staff

Oeput^Crtief of Staff

Services • Heads

Deputies

RKqion Cmds- Heads

Deputies

Region Service!; Gs

Units • Heads

Deputies

Totals

Number of Postsavailable

11

141455

256060185

TGOB Share

60%10993

3153636112

CNDD-FDDshare40%015

52210242473

NB The post of Inspector General is not included in the Army HQ powersharing proposals.

POWER SHARING IN THE BURUNDI NATIONAL .POT ,Tf )

Position

PercentageDirectoratesSen/ices - ENAPOServices - PAR:Services - PSPPolioa Slations-PSPCmdsPolice Slations-PSPDCmdsServices PJPPolice Stations-PJP -PCmdPolice Stations-PJP -DPCrndZone crnasDeputies ~1Total

Number of posts j TGoB shareavailable )

~J 60 %3 | 22 | 1

123

1 13

137

18

181212

869

9

s12

12

78

119 | 78

CNDD-FDD share

TOM"II434

4

26

6

5

4

41

1. POWER SHARING IN THE NATIONAL INTELLIGENCESTRUCTURE

Positions 1 Numberj of posts( available

Percentage

Administrator GeneralD/Administrator GeneralDirector General OpsD/Directcr General OpsDirector General AdminD/Director General AdminDirector Internal SecurityDirector External Security

TGoB share

60%100111

i 01

CNDD-FDD share

4 0 %0I

100I)1()

Director of Finance; and j 1LogisticsDirector PersonJiel Admin_ _;_1 | 0_____