Agreement Embodying a Convention on Governance between the Forces for Democratic Change and the Political Parties of the Opposition
10 September 1994
In the Convention on Governance, the parties in the Preamble firmly commit themselves to TJ measures, including “to work for the speedy restoration of peace, security, trust and social and political stability in the country.” In the body the Convention provides for the promotion of the independence of the judiciary, neutrality of the police force and the education of the population, especially young people, in the values of peace and tolerance. The Convention entrusts the president and government with ensuring the resettlement and reintegration of displaced persons and refugees, the establishment of an effective and balanced National Security Council, revival of the national economy, guaranteeing the independence of the judiciary and promoting fundamental rights and freedoms. The National Security Council would review acts of the President, inter alia the appointment of senior military officials. A coalition government would be established. In terms of fact-finding the Convention requests that an international judicial fact-finding mission be formed within 30 days to investigate the political crimes committed since 1993. Furthermore, an audit would be conducted to revise the organisational structure of the security forces.
The Arusha Agreement, signed six years later, in Protocol I provides extensively for TJ mechanisms. It again provides for the establishment of an international judicial commission of inquiry, which would investigate and compile findings on the facts to be submitted to the United Nations, which would establish an international criminal tribunal if the facts warrant it. It in addition provides for a National Truth and Reconciliation Commission to be established, with the mandate to investigate the truth, promote reconciliation and forgiveness and clarify history. The transitional period is envisioned for two years. It requires a reorganisation of the State institutions and the “orientation of political parties’ programmes towards the ideals of unity and national reconciliation”. It includes the combating of impunity for crimes as a political principle and provides for the establishment of a national observatory for the prevention and eradication of genocide, war crimes and other crimes against humanity. It also provides for the establishment of a national monument and a national day of remembrance. While not providing for a quota system, the Agreement requires actions to correct ethnic, gender and regional imbalances, and provides for judicial reform. It provides for law reform in criminal law and other legislation and the establishment of an Ombudsman. It further provides for equitable apportionment and redistribution of resources throughout the country and recovery of plundered state property. It provides for return and rehabilitation of refugees and displaced persons. There is also provision for rehabilitation of the institution of Ubushingantahe, a precolonial system which promoted national coherence. Protocol II provides for a process to adopt a new Constitution and sets out the general principles as well as fundamental rights to be included in the Constitution. Protocol III provides the specific provisions on security reform. Protocol IV relates to reconstruction and development.
The Accord de Partage de Pouvoir is aimed at implementing the Arusha Agreement and reaffirms the non-ethnic nature of political parties, provides for further arrangements to guarantee minority participation and representation in the government.