Mémorandum de l’Association Internationale SurviT-Banguka adressé au
président de la République du Burundi sur les Institutions
Nécessité d'une renégociation des équilibres
fondamentaux pour une solution durable à la crise burundaise.
Pour l’unité des Barundi dans la diversité des communautés
Letter from the International Association SurviT-Banguka sent to the new
President of the Republic of Burundi,
H.E Mr Pierre Nkurunziza
Necessity of fundamental balance of power’s of renegotiation sustainable
solution to the Burundi’s crisis.
Geneva, September 12 2005
Avenue de la Gare 2, 2740 Moutier- SUISSE
E-mail : firstname.lastname@example.org
Site web: http://www.tutsi.org
To H.E. Peter NKURUNZIZA ,
President of Republic of Burundi
• Martin NDUWIMANA, Primer Vice-President of the Republic of Burundi,
Alice NZOMUKUNDA, Second Vice-President of the Republic of Burundi,
Gervais RUFYIKIRI, President of the Burundian senate,
Immaculée NAHAYO, President of the National Assembly of Burundi,
Yoweri KAGUTA MUSEVENI, President of Uganda ,
Thabo MBEKI, President of Republic of South Africa,
Paul KAGAME, President of the Republic of Rwanda,
Benjamin MPAKA, President of the Republic of Tanzania,
Mwai KIBAKI, President of Kenya,
Joseph KABILA, President of the Republic Democratic of Congo,
Georges BUSH, President of the United States of America,
Tony BLAIR, Primer Minister of the United Kingdom and President of the European
Jacques CHIRAC, President of the Republic of France,
Guy VERHOFSTADT, Primer Minister of the Kingdom of Belgium,
Paul MARTIN, Primer Minister of Canada,
Koffi ANAN, General secretary of the United Nations,
Mrs MacAskie, Special Representative of the UN General Secretary in Burundi.
The Tutsi members of the International Association “SurviT-Banguka” have
formally recorded your sworn up to the position of Head of Burundi State,
on 26 August 2005. They have bitterly recorded aggressive and bellicose declarations
of victory made by yours partisans, which suspiciously contrasted with your
speeches, and public statements tinged with national conciliation and the
return to peace. They are in a state of utter confusion since you have put
in place new institutions and particularly when you made public appointment
of your government’s members and your close colleagues. They have serious
concern in relation with this game of pretended balance between ethnic groups
cleverly organised, undoubtedly to delude the opinion of honest citizens
in harbouring false illusions.
For their part, the Tutsi, united within the International Association SurviT-Banguka
which follows objectively and with serenity the slightest facts of your movement
CNDD-FDD on the ground, your partisans and yourself, regret that nothing
has yet been settled in Burundi for the only fundamental change observed
is that one exclusion system has taken over another one, with all the fate
of tragedy which such structure leads us to predict. They are, as a result,
demanding a whole renegotiation of the fundamental balance of power between
the ethnic groups in conflict, convinced that it is the only way forward,
which should be clearly stipulated in the constitution and would lead to
a durable and stable solution in Burundi.
This formal requirement from the Tutsi united within the Association SurviT-Banguka
is based on the considerations resumed as follow:
1. It is your former Hutu rebel movement, CNDD-FDD, currently known as a
political party, which is, from 26 August 2005, in charge of the country’s
destiny for the next five years. Your political party (CNDD-FDD) has rejected
the Arusha agreement and is claiming its authority derived from the Pretoria
Ceasefire General Agreement. Your party, in recognition of its militarist
past that has taken a heavy toll of the Tutsi population, has been plebiscite
by the Hutu population who are now waiting promised hypothetical rewards.
2. The institutional political system that you have put in place in Burundi
is dominated and run exclusively by your political party, the CNDD-FDD. Your
party has never accepted the Arusha process; neither did it accept the Agreement,
which unfolded. The CNDD-FDD is neither concerned nor does it feel bound
by the limited settled acquisitions and particularly the principle of a minority
vote sufficient to block a motion, and the changeover of ethnic origin at
the State’s presidency. It does reject the power sharing on the basis
of ethnic origin quotas, which had been harshly negotiated in the Arusha
process by the Burundian political actors, ignoring by the same token the
harsh reality of ethnic community, which has resulted from circumstances
of ethnic cleansing and the genocide against the Tutsi. Its behaviour is
alike a warmonger who has come to power after a military victory.
What is even paradoxically striking is that your system shows that it is
based on ethnic quota and by the same token is denying it!! The evidence
is that every and each member of the government, or province’s governor
or secretary and responsible in any public bodies is systematically branded
as Hutu or Tutsi. It is therefore necessary to introduce the system openly
as the Arusha Agreement recommended it.
It is agreed that the Association SurviT-Banguka, created after the Arusha
process and the signature of the Agreement which resulted from it, had then
recorded what it considered as a fait accompli. It had even denounced the
lacunae, loopholes and other many imperfections contained in the agreement,
but was still recommending that what was agreed upon in terms of power sharing
on ethnic quotas basis, as minimalist it may seems, should be safeguarded.
3. Today, it appears that the Arusha agreement has become, save for being
an empty shell, a shell full of one ethnic family, the Hutu alone. Your
system just snaps one’s fingers at the historical compromise, which
aimed to safeguard all the ethnic communities. This state of affairs has
been the starting point of the total failure of the negotiation process
launched in June 1998 by the late Julius Nyerere and the ensuing agreement
which was achieved under the former President Mandela’ sway. It appears
that this long, tedious and expensive political and diplomatic exercise
was just a trap whose aim was, in the mind of some people, to dismantle
the national army with the final objective of establishing the Hutu’s
political hegemony in Burundi and to store the Tutsi’s fate to the
Hutu’s will at a time they would deem appropriate.
4. Would it be necessary to remind you that the legal and political authority
of your power find its source in the Ceasefire General Agreement signed
in Pretoria in November 2003 between the former President Domitien Ndayizeye
and yourself. You would agree undoubtedly that the legal base has, with
the complicity of your mentor, the Mediator Jacob Zuma, completely and
deliberately ignored all the concerns expressed for the defence of the
Tutsi’s deep aspirations, notably their physical survival and the
safeguard of their fundamental interests. Would it be necessary to remind
you, that it was agreed between the former President Ndayizeye and the
President of the Regional Initiative, Yoweri Museveni of Uganda, together
with the Mediator Jacob Zuma, that this Ceasefire General Agreement should
have been negotiated and signed between the Tutsi Vice-President of the
second transitional period, acting on behalf of the Tutsi community, and
yourself, in your capacity as leader of the Hutu rebellion movement CNDD-FDD?
Against all odds and paradoxically, this agreement was negotiated and signed
between yourself and President Ndayizeye, which means by two representatives
of the Hutu community in the absence of any representative whatsoever of
the Tutsi community. To that end, two leaders from the Hutu community,
yourself and your predecessor, sealed off the Tutsi’s fate unbeknownst
to them and against their vital interests.
5. The second legal and political authority of your power finds its source
within the post-transitional Constitution, which was imposed upon us by the
Mediator Jacob Zuma and your predecessor Domitien Ndayizeye, after having
entirely stripped the Constitution of the Tutsi’s aspirations and fundamental
preoccupations. The majority of the Hutu electorate, politically manipulated,
subsequently approved this Constitution which had been adopted by the Hutu
members of parliament in the illegal parliamentary session of 17 September
2004. On the other hand, the Tutsi electorate massively rejected the Constitution
in the referendum poll held on 28 February 2005.
6. Truly, the Constitution of 28 February 2005 institutionalises, under your
leadership, the position of political hegemony of the Hutu community and,
in the same time, sealed off the political marginalization of the Tutsi
community. It wrings the right from the Tutsi community to elect themselves
their own representatives in the political institutions with a quota of
40% as agreed upon in the Arusha agreement. Conversely, and against any
logical thinking, it grants the Hutu political parties the right to designate
the representatives of the Tutsi community.
The Tutsi community will never accept the political hoax which claims that
the Tutsi senators and members of parliament, who were elected on the electoral
lists from political parties like the CNDD-FDD and FRODEBU to implement and
deliver the Hutu’s manifesto and programs, could ever pretend to represent
the Tutsi’s vital interests.
7. This political hoax, initiated by the Mediator Jacob Zuma and the former
President Ndayizeye, explains the reasons behind the Constitution’s
massive rejection on 28 February 2005 by the members of the Tutsi community.
It deprives, as a result, the Constitution of its political legitimacy as
was demonstrated by the South African political Researcher, Jan Van Eck,
specialist in conflicts resolution on Burundi.
8. It is on these unlawful legal authorities that the Constitution of 28
February 2005 was imposed and upon which the elections were organised. These
illegal elections have granted, without any surprise, to the three major
Hutu political parties, a position of hegemony in the political arena and
an overwhelming legislative supremacy, depriving by the same token the Tutsi
political parties (UPRONA, MRC) from any possibility to block a motion by
a sufficient minority to safeguard the vital interests of the Tutsi community,
as it emerges from the Arusha agreement.
9. What should be a matter of serious concern is that the Constitution of
28 February 2005 has left no room to amend it and has been locked for the
benefit of the Hutu community as it can only be amended by the members of
parliament, whose majority is Hutu, or by the population (whose three quarters
are Hutu) through a referendum. Such an institutional position of monopoly
leads us to predict that in the current legislature, your Hutu power could
suppress the last ethnic quotas left in the army and the civil service.
10. Wouldn’t be simple to acknowledge that the Arusha agreement’s
obsolescence, qualified by your political party as a “bread feeding
agreement”, together with the lack of legitimacy of the post-transitional
Constitution imposed on the Tutsi Community who have massively rejected it,
creates the very conditions of a legitimacy crisis for the new institutional
system for which your are the supreme Chief?
11. As a result of the above, you understand that the current situation
is far from being the one, which would safeguard all the communities, let
alone to create the minimum conditions for a sustainable peace. It is in
this context that SurviT-Banguka is inviting you with insistence to tackle
this very important Burundian existential issue without faltering and with
no further delay.
12. The International Association SurviT-Banguka which defines itself as
a pacifist national actor is requesting you, with the utmost insistence,
to use your authority to engage, through negotiations, the representatives
of the Tutsi community in order to reform the new institutional system, which
is unjust and could jeopardize everything achieved, as you are about to do
so with the rebellion movement, the PALIPEHUTU-FNL.
13. SurviT-Banguka believes that this is the price to pay to achieve the
political legitimacy of the current institutional system because those negotiations
would be the only way forward to bring a final end to the tragedy that have
plagued Burundi since many years, through a true peace agreement which would
rather resolve the crisis than make it worse as is the case with the current
course of events.
Juvenal Nduwimfura, President
Maitre Pacelli Ndikumana, Vice-President