Ill'; AUG282001 $ Houghton *Jui \ Jj ~\ \ H $ H 0 W Li ,, 1 MJ627200I

THE SECRETARY-GENERAL

27 August 2001

My dear Madiba,

Thank you very much for your letter of 5 August and for sharing with me your analysis of the evolution of the peace process in Burundi.

I *share your concern about the enormous suffering the conflict continues to inflict on the civilian population in Burundi. I have taken particular note of your appeal to international and regional organizations to adjust the principles they have formulated for undertaking peacekeeping or peace enforcement operations.

I was pleased to learn that you are planning to come to New York to participate in the United Nations Special Session on Children. Your presence in New York will give us an opportunity to discuss the important issues you have raised in your letter.

It is also my understanding that the Security Council is keen to meet you to seek your views and assessment on the progress of the peace process and on how best the Council can continue to support your efforts. Such a meeting in my view will be necessary and essential since, as you know, only .the Security Council can define the mandate of peace operations.

I look forward to your visit and hope that you have recovered fully from your recent illness.

With every good wish,

Yours sincerely,

* Kofi A. Annan

His Excellency Mr. Nelson Rolihlahla Mandela Facilitator Burundi Peace Negotiations ill'; AUG282001 $ Houghton *Jui \ jj ~\ \ H $ H 0 W li ,, 1 MJ627200I

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MESSAGE:

DRAFT LETTER TO MR. MANDELA

Please find attached, for your approval, a draft letter addressed to Mr. Nelson Mandela in reply to his letter to the Secretary-General dated 5 August.

A diskette is attached.

cc: Mr. Prendergast Mr. Fall Mr. Zerihoun TZ SM MP YS LB IjPA/OJJS' £ NELSON MANDELA T

5 August 2001

HE Mr Kofi Annan ,.^6-62001 Secretary-Genera! Iffl-lSlS* Log# United Nations Organisation EXECUTIVE UFFii NEW YORK ACTION USA

% Dear Sir, The 19 signatories to the Arusha Peace Agreement met in Pretoria, fouth "fifncaT&nTO "July 200i:"Airof them with ffie exception of '5, to*»PLed. tne decision of the Great Lakes Summit of Heads of States taken in Lusaka, Zambia on 8 July 2001 , that President Pierre Buyoya from the Tutsi community should lead the first 18 months of the Burundi Transitional Government. Mr Domitien Ndayizeye, from the Hutu community, would serve as Vice-Preaident for that period.

On 23 July 2001 the Heads of States from the Great Lakes Region met in ^rusfta and resolved that the Transitional Government for the first 1 8 months period would be installed on 1 November 2001 . On that day in Bujumbura a Cabinet of 25 Ministers would be sworn in. We attachjor your information, a copy of the'cpnditions subject to which President Buyoya has been appointed (marked "A") as well as_ ajxjpy. of a communique issued by the summit on 23 July 2001 "

Some of these leaders fled Burundi in 1993 when the first democratically elected President, Melchior Ndadaye, was assassinated by Tutsi paratroopers. It is absolutely imperative for peace and stability during the first 18 months period, that these leaders be sworn in at the same time as President Buyoya. It would, however, ba extremely dangerous for them to re- enter Burundi without proper security arrangements.

The appointment of President Buyoya as leader for the first 18 months brought to an end a debate among Burundians, which started in March 2000. The negotiators had requested the Facilitator to choose the Leader of the first period, as they were unable to agree on the matter. The Facilitator rejectee the request, and pointed out that it was for the Burundians to choose the leader and not for the Facilitator.

On 6 July 2001 the Defence Ministers of Burundi, Ghana, Nigeria, Senegal, South Africa and the Belgian Ambassador in Pretoria met in South Africa and discussed contingency plans to support the peace process in Burundi.

PRIVATE BAG X70 000, HOUGHTON. 2041. SOUTH AFRICA TEL: 27 (0)11 728 1000, FAX: 27 (0)11 728 1111 According to the meeting the envisaged contingency would only be implemented after the following two conditions have been met;-

1 . A ceasefire agreement has been signed by all parties to the conflict 2. A political leader, acceptable to all parties in Burundi, had been identified.

As pointed out above, a political leader has now been chosen by 14 out of 19 signatories for the first phase of the Transitional Government.

The question of a ceasefire is more complicated and it may take a fairly long time before it is achieved, if at all. We have, however, two highly competent and hardworking leaders who are dealing with the matter. But we should by no means underestimate the immense problems which might make a solution difficult to attain.

In this regard jtmioJxtbj^^^ to adjust the principles they have carefully and correctly formulated Fn th~e "past for tie purpose of ejther peace keeping[orpeac e enforcement. Bearing in ^rrimo1 frreseTiseTessVaughterbflnnocehtarid'defenceles s civilians in Burundi, it might well be that this is one instance where flexibility would be justified. For an International or regional organisation to Insist on the signing of a ceasefire before intervention might mean in effect that adherence to rules is regarded as more important than stopping the carnage of innocent civilians.

You will recall. Secretary-General, that the 1999 Lusaka Summit called upon Mr Jean-Sosco Ndayikengurukiye of the F.D.D. to disarm. Two years since then Jean Bosco has not only failed to respond but still operates from the Democratic Republic of Congo. There is some indication that we are going to get better co-operation in this regard from the other Hutu armed group, the

However tragic events might be in any particular country, no foreign armed force should be allowed to intervene without the sanction of the Security Council. It is in this spirit that we draw your attention to the urgency of the matter.

We are confident that your wisdom and enormous experience in these matters will enable us to solve the whole problem of security, not only for the leaders who want to return, but also for the Burundi civilians.

We wish you good health and strength.

Sincerely

N RlMandela Burundi Facilitator JOINT COMMUNIQUE OF THE 15TH SUMMIT OF THE REGIONAL PEACE INITIATIVE ON BURUNDI

1. At the invitation of His Excellency President Yoweri Kaguta Museveni of the Republic of Uganda, Chairman of the Regional Peace Initiative on Burundi, Presidents Daniel Arap Moi of Kenya, Benjamin Mkapa of Tanzania, Major Pierre Buyoya off Burundi, the Deputy President of South Africa Jacob Zuma, Enock Kavindele, the Vice-President of Zambia, Bernard Makuza, the Prime Minister of Rwanda, Mr. Leonard She Okitundu, Minister for Foreign Affairs representing President Joseph Kabila of the DRC, and Dr, Ali Treiki, the Minister for the African Union, representing Col. Muammar Gaddafi, the Leader of the Libyan Jamahiriya and H. E. Papa Louis Fall, Ambassador of Senegal to Ethiopia and the OAU representing President Abdoulaye Wade of Senegal and H. E. Toga Teshome, Ambassador of the Federal Republic of Ethiopia to Kenya representing H. E. Meles Zenawi attended the fifteenth Regional Summit on Burundi held in Arusha on the 23rd July 2001.

2. Also present were the Facilitator for the Burundi Peace Process former President Nelson Mandela of South Africa, Ambassador Daniel Antonio, Assistant Secretary-General, (ix) CEuvrer pour une representation equitable des communautes burundaises dans tous les bureaux de la fonction publique.

(x) Gollaborer entierement avec la Commission de Suivi de I'AppIication de 1'Accord;

(xi) Cesser les fonctions avec diligence a la fin de la periode des dix huit mois courant a partir de la date de prise de fonction ;

Signe a Ie23juillet2001

M. Pierre BUYOYA

M. Domitien NDAYIZEYE

S.E.M. Yoweii MUSEVENI President de I'lnitiative regionale de la paix PROCESSUS DE PAIX AU BURUNDI GARANTTES ET ENGAGEMENT DU PRESIDENT BUYOYA

Je soussigne, PIERRE BUYOYA, ayant e~t6 mandate conformement a 1' Accord d'Arusha pour la paix et la reconciliation au Burundi, a conduire la premiere phase de la periode de transition (laperiode de 18 mois) m'engage a respecter les garanties ci-apres :

(i) Incluredes representants des Parties signataires dans le gouvernement de transition;

(ii) Mettre en oeuvre fidelement et sans reserves toutes les dispositions de 1'Accord; \ (Hi) Dans les meilleurs delais possible, proceder a la reforme de 1'armee et a 1'integration des groupes armes et des Hutus dans 1'armee;

(iv) Collaborer entierernent avec le representant du Haut Commissaire aux refugies en ce qui concerne le rapatriement des refugies et la reinsertion des sinistre's internes;

(v) Qffrir une protection absolue a tous les dirigeants politiques notamment ceux qui reviennent de 1'exil;

(vi) Ne pas exercer des represailles contre les opposants politiques ;

(vii) Liberer les prisonniers politiques sur recomraandation de la '; commission Internationale a mettre en place;

(viii) Faire appel aux troupes regionales et Internationales et aux forces de maintien de la paix en nombre suffisant, et collaborer enti^rement avec eux aux fins du maintien de la paix et de la securite. De plus, autoriser la mise en place d'une Unite speciale de protection dans le but d'offrir une protection aux dirigeants politiques et au personnel international. I,'Unite doit etre composee d'un nombre egal de militaires/policiers burundais et des personnes nommees par le G-7 et le G-10. Ladite Unite doit etre sous le commandement conjoint des Burundais et sera assistee et forme~e par le personnel militaire des pays volontaires convenus. Signed in Arusba, 23 July 2001

Mr,Pi«reBUYOYA

Mr.Domitie&NDAYIZ£YE

His Excellency Yoweiie MUSEVENI President of the Regional ?e*ce Initiative

TOTAL P.04 TCTflL P.04 (viii) To make an appeal on all the regional and international troops and the forces for the maintaining of peace in a sufficient number and to collaborate entirely with Them for the purpose ofth* maintaining of peace and security. To also authorize the putting into place of a special protection unit in order to offer protection to the V politics! leaders and the international periormet. The unit JOUST consist of an equal number of soldiers/ Burundi policemen and people appointed by th« G-7 and G- 10. The so-call«d unit must be under the joint commandment of the Burundians and will be assisted and trained by the military people of the countries, which voluntary agreed

(ix) To work for an equitable representation of the Burundi communities in all the offices of the public function.

(x) To collaborate entirely with the Commission for the Follow Up and the Implementation of the Agreement;

(Xi) To diligently cease the unctions at the end of The period of the eighteen month* after the date when I first took up my functions.' PEACE PROCESS IN BURUNDI GUARANTEES AND COMMITMENT OF PRESIDENT BUYOVA

I, the undersigned PIERRE BUYOVA, having been mandated in accordance with the Agreement of Arusha for peace and reconciliation in Burundi to conduct the first phase of the period of transition (the period of 18 months) undertake to respect the following guarantees: N

(i) To include representatives of the signatory parties in the transitional government;

(ii) To faithfully and without reserves implement all the stipulations of the agreement;

(Hi) To as soon as possible proceed to the rtfonn of the army and the integration of the aimed groups and the Hutus in the army:

(iv) To collaborate entirely with the representative of the High Commissioner for Refugees with regard to the repatriation of die refugees and the reinsertion of the internal disaster victims;

(v) To offer a total protection to all the political leaders, in particular those who return from exile;

(vi) Not to take reprisal actions against the political opponents;

(vii) To release the political prisoners on the recommendation of the international commission to be put into place; arrangements including the reform of the army and the return of the refugees.

16. The Summit expressed its profound gratitude to H. E. President Nelson Mandela for his role in facilitating these negotiations. Aware of the role he still has to play in the implementation of the Peace Agreement as moral guarantor, recourse authority and conciliation agent, the Summit appealed to him to continue with this role until peace finally returns to Burundi. The Summit also noted with satisfaction the supportive role that the Facilitation Team gave to President Mandela. In the same vein, the Summit expressed its appreciation for the good job done by the Implementation Monitoring Committee in the implementation of the Arusha Peace and Reconciliation Agreement for Burundi.

17. The Summit expressed its deep gratitude to President Mkapa, the Government and people of Tanzania for the hospitality in hosting hundreds of thousands of refugees at great sacrifice and cost. Furthermore the Summit expressed its appreciation to Tanzania for hosting the various Summits and other meetings on the Burundi Peace Process.

Done at Arusha, Tanzania on the 23rd July 2001.

TCITflL P. 14 mandated their Ministers of Foreign Affairs to follow-up this matter with the United Nations.

13. On the cease-fire talks, the Summit congratulated Deputy President Zuma and President Omar Bongo who have been conducting these talks on behalf of the Facilitator, for their efforts in the search for a cease-fire in Burundi. There are good prospects that a cease-fire will be reached once the question of the leadership of the transition and a transitional government is established. In this regard the Summit urged the armed groups to cooperate with the transitional government to reach a cease-fire agreement so as to facilitate the integration of the armed groups In the Burundi national army, as soon as possible.

14. The Summit also agreed that the implementation of the Peace Agreement should start on 1** November 2001 with the 'installation of the Transitional Government.

15. The Summit expressed deep appreciation for the generous material assistance which has been made available by the international community to the Burundi Peace Negotiations. The Summit further appealed for additional contributions for the implementation of the transitional (b) Supervising the integration of the army including confining the Burundi army in barracks and cantoning the armed groups in special assembly points;

(d) Ensuring protection of the institutions and of any public figure who so wishes, ' including returning political leaders and refugi

(e) Assisting in the establishment and training of an ethnically balanced special unit for the protection of the institutions.

Secondly, he informed the Summit of the offer by Belgium to help with logistics.

12. The regional leaders took note of offers given • and underlined that these forces are to be deployed while efforts are underway to get the United Nations Security Council to mandate the deployment of a United Nations peace keeping force as envisaged in the Arusha Peace and Reconciliation Agreement for Burundi. In this regard, the regional leaders appealed to the United Nations to set up a UN peace keeping force for Burundi and 8. The regional leaders will continue to provide their support for the peace process in Burundi, in accordance with the provisions of the Arusha Peace and Reconciliation Agreement for Burundi.

9. The Summit decided that the Implementation Monitoring Committee (IMC) monitor closely the implementation of the condition alities accepted by the President of the transitional government in Burundi. In this regard, the Chairman of the IMC should report to the regional leaders every four months.

10. In the event that the President of the transitional government fails to fulfil the condltlonallties agreed to, the regional leaders will take all necessary measures, including sanctions to ensure compliance. The region will also approach the United Nations Security Council and the international community at large to support the above measures.

11. The Facilitator informed the Summit of the willingness of a number of African countries namely, Ghana, Nigeria, Senegal and South Africa, to contribute troops for the purpose of:

(a) Ensuring respect for the cease-fire; consultations, the G-10 group had not been able to agree on a single candidate for the presidency of the first phase of the transitional period.

6. Under these circumstances, the Facilitator formally proposed to the Summit that President Pierre Buyoya be mandated to lead the first 18 months of the transitional period. The Facilitator informed the Summit that this position had been reached after extensive consultations with the signatories and the regional leaders.

7. The Facilitator also informed the Summit that President Buyoya has agreed to undertake a number of commitments aimed at ensuring that he would Implement fully the Arusha Peace and Reconciliation Agreement for Burundi, including a commitment to carry out reforms of the army, particularly the integration of the armed groups on a fifty-fifty • basis, invite a regional and international peacekeeping force to ensure Implementation of the Peace Agreement and accept the creation of a special protection force for the protection of all political leaders returning from exile and to relinquish power at the end of the 18 month period. President Buyoya has pledged before the regional leaders to honour these commitments. representing the Secretary-General of the OAU, Ambassador Berhanu Dinka, Special Representative of the United Nations Secretary-General in the Great Lakes Region, representing the Secretary-General of the United Nations.

3. The Facilitator briefed the Summit on the progress in the implementation of the Arusha Peace and Reconciliation Agreement for Burundi, particularly the outstanding issues of the leadership of the transitional period and the Facilitator's consultations on the conclusion of a cease-fire agreement between the Government of Burundi and the two armed groups, CNDD-FDD and FNL- PALIPEHUTU.

4- On the issue of the leadership of the transitional period, the Summit recalled its earlier decision during the 14th Summit to . split the transitional period into two equal halves of eighteen (18) months each. The first part being headed by a President from the G-10 group of parties with a Vice- President from the G-7 group of parties.

5. The Facilitator reported that following consultations, the G-7 group of parties, with the exception of CNDD had accepted the nomination of Mr. Domitien Ndayizeye for Vice-President. However, after prolonged