“ Any restriction of a fundamental right must have a legal basis; it must be justified by the public interest or by the protection of another person’s fundamental right; it must be proportional to the objective pursued.
30. Fundamental rights must be respected throughout the legal, administrative and institutional order. The Constitution shall be the supreme law and must be upheld by the Legislature, the Executive and the Judiciary. Any law that is not in conformity with the Constitution shall be invalid. ”

“ The function of the political system shall be to unite, reassure and reconcile all Burundians while ensuring that the Government is able to serve the people of Burundi, who are its source of power and authority. ”

“ The defence and security forces shall be trained at all levels to respect international humanitarian law and the supremacy of the Constitution. (d) For a period to be determined by the Senate, not more than 50% of the national defence force shall be drawn from any one ethnic group, in view of the need to achieve ethnic balance and to prevent acts of genocide and coups d’état. (e) No civilian shall be subject to a military code of justice or tried by a military court. ”

“ Amnesty shall be granted to all combatants of the political parties and movements for crimes committed as a result of their involvement in the conflict, but not for acts of genocide, crimes against humanity or war crimes, or for their participation in coups d’état. ”

“ The principle of participation of all components of society in the management of all the organs of the State, as well as equality of opportunity for citizens in all sectors of national life, shall be respected. ”

“ Institution of a new political, economic, social and judicial order in Burundi, in the context of a new constitution inspired by Burundian realities and founded on the values of justice, the rule of law, democracy, good governance, pluralism, respect for the fundamental rights and freedoms of the individual, unity, solidarity, equality between women and men, mutual understanding and tolerance among the various political and ethnic components of the Burundian people. ”

“ A political party shall be a non-profit association uniting citizens around a democratic blueprint for society founded on national unity, and having a political programme with precise objectives dictated by the desire to serve the public interest and ensure the development of all citizens.
4. Political parties must comply with democratic principles in their organization and functioning, be open to all Burundians and be national in character and leadership, and shall not promote ethnic, regional or religious violence and hatred. ”

“ The transitional Government shall initiate and finance, with the support of the international community, a programme of physical and political reconstruction that takes a comprehensive approach incorporating rehabilitation, peace-building, promotion of the rights and freedoms of the human person, economic growth and long-term development. ”

“ The judicial authority of the Republic of Burundi shall be vested in the courts.
2. The Judiciary shall be impartial and independent and shall be governed solely by the Constitution and the law. No person may interfere with the Judiciary in the performance of its judicial functions.
3. The Judiciary shall be so structured as to promote the ideal that its composition should reflect that of the population as a whole.
4. The courts and tribunals shall operate in Kirundi and the other official languages. Laws shall be enacted and published in Kirundi and the other official languages. ”

“ Article 8 - Issues relating to land and other property To resolve all issues relating to land and other property, the following principles and mechanisms shall be applied:
(a) Property rights shall be guaranteed for all men, women and children. Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with the law, which shall also set out the basis of compensation; (b) All refugees and/or sinistrés must be able to recover their property, especially their land ”

“ A Judicial Service Commission with an ethnically balanced composition shall be established. It shall be made up of five members nominated by the Executive, three judges of the Supreme Court, two magistrates from the National Department of Public Prosecutions, two judges from the resident magistrates’ courts and three members of the legal profession in private practice. The judges, magistrates and members of the legal profession shall be chosen by their peers. All members of the Commission shall be approved by the Senate. ”

“ The Parties pledge that in the event of belligerent parties spurning or refusing such an invitation and continuing their belligerent activities against the people of Burundi, or any section of them, the violent acts of such parties will be deemed to be constitute an attack on all the Parties comprising this national platform of the Burundian people, as well as on this endeavour to establish an inclusive democratic Burundian state. ”

“ Nevertheless, without prejudice to the results and conclusions of the International Judicial Commission of Inquiry and National Truth and Reconciliation Commission to be established pursuant to Chapter II of the present Protocol in order to shed light on these phenomena, the Parties recognize that acts of genocide, war crimes and other crimes against humanity have been perpetrated since independence against Tutsi and Hutu ethnic communities in Burundi. ”

“ Each individual shall have the duty to respect and show consideration for her/his fellow citizens without any discrimination.
25. All citizens shall be required to discharge their civic obligations, and to defend their homeland.
26. Every child shall have the right to special measures to protect or promote her/his care, welfare, health and physical security, and to be protected from maltreatment, abuse or exploitation.
27. No child shall be used directly in armed conflict, and children shall be protected in times of armed conflict. ”

“ During the interim period there shall be no deployment of the defence force or of any armed wing of a Party outside the framework of Protocol III.
10. No arrest of a returnee or refugee shall be permitted without notification and justification to the Implementation Monitoring Committee or a sub-committee or agency designated by it, and in any event no arrest or charging of a refugee or returnee or holder of political public office for a crime committed for a political purpose prior to the signature of the Agreement shall be permitted until the installation of the transitional Government. ”

“ Since independence, and throughout the different regimes, there have been a number of constant phenomena which have given rise to the conflict that has persisted up to the present time: massive and deliberate killings, widespread violence and exclusion have taken place during this period.
2. Views differ as to the interpretation of these phenomena and their influence on the current political, economic and socio-cultural situation in Burundi, as well as of their impact on the conflict. ”

“ The transitional National Assembly shall as a priority review all legislation in force with a view to amending or repealing legislation incompatible with the objectives of the transitional arrangements and the provisions of the present Protocol. ”

“ Specific conditions must be provided for sinistrés who believe that they can no longer return to their property, so as to enable them to return to normal socio-professional life; (h) In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours any one among these categories. ”

“ Article 1 The Parties accept as binding the following Protocols and Annexes thereto, which form an integral part of the Arusha Peace and Reconciliation Agreement for Burundi:
Protocol I: Nature of the conflict, problems of genocide and exclusion and :their solutions; Protocol II: Democracy and good governance; Protocol III: Peace and security for all; Protocol IV: Reconstruction and development; Protocol V: Guarantees on the implementation of the Agreement. ”