National and Regional Laws and Policies
on Internal Displacement

BURUNDI

Background

Internal displacement peaked in Burundi in 1999 when 800,000 people, approximately 12 percent of the population, were believed to be displaced. In 2006, sporadic fighting erupted causing further displacement. In addition, natural disasters, including drought and floods, also in 2006 and early 2007, have caused several thousand people to be temporarily displaced.

The Representative of the UN Secretary-General on internally displaced persons undertook a mission to Burundi in August/September 1994 and another in February 2000. Following his second mission, the Representative noted that the situation of internal displacement had deteriorated dramatically and that the significant increase in the number of internally displaced persons was largely the result of measures of forced relocation or ‘regroupement’.

For access to the mission reports of the Representative, go to: http://www.ohchr.org/english/issues/idp/visits.htm

Arusha Peace and Reconciliation Agreement for Burundi, Protocol IV (2000)

Purpose: To support the rehabilitation and resettlement of refugees and displaced persons; to work towards the country’s physical and political reconstruction; and to strive towards the economic and social development of Burundi (Preamble).

Responsibilities: The Protocol provides for the establishment of a National Commission for the Rehabilitation of Sinistrés, mandated to organize and coordinate the return of refugees and sinistrés (Art. 3) including by organizing information and awareness campaigns (Art. 3(f)). A Sub-Commission of the National Commission will be established to address land issues (Art. 3).

Content: The Protocol details the broad issues to be considered during the return and resettlement of the displaced, including access and safety of international personnel (Art. 7); and the special assistance required of vulnerable groups (Art. 10).

Other provisions of note include:

• requirement of voluntary return taking into account the particular vulnerability of women and children (Art. 2(2)(c));
• restoration of property to returnees (Art. 2(2)(d));
• participation of the population in the resettlement activities (Art. 4(g));
• assistance to returnees to recover their property and bank accounts (Art. 4(h));
• provision of intensive language courses for returnees (Art. 4(i));
• principles and mechanisms to resolve land and other property issues (Art. 8).

Protocol for the Creation of a Permanent Framework for Consultation on the Protection of Displaced Persons (2001)

Purpose: In December 2000, the UN Senior Inter-Agency Network undertook a mission to Burundi led by the UN Special Coordinator on Internal Displacement. The mission urged the establishment of a Committee to act as a forum for discussion and collaboration on issues relating to the provision of protection to displaced persons. The Protocol for the Creation of a Permanent Framework for Consultation on the Protection of Displaced Persons was borne of this recommendation.

Responsibilities: The Permanent Framework is comprised of two bodies, the Committee for the Protection of Displaced Persons (CNRS) and the Technical Group for Follow-Up (TGF). Composed of Ministers of relevant national authorities and humanitarian organizations, the Committee role includes implementation of rapid intervention mechanisms to ensure access and protection of displaced persons (Section 2). The Technical Group is charged with follow-up and analysis of issues arising in the Committee (Section 11).

Content: The Preamble to the Protocol states that the government of Burundi and the international community are ‘bound by the United Nations Guiding Principles on Internal Displacement’. One function of the permanent framework is to disseminate the Guiding Principles (section 2).

Programme National de Réhabilitation des Sinistrés (2004)

Purpose: To contribute to peace and reconciliation through the reintegration of displaced persons, rehabilitation of social services in areas of return and the creation of durable solutions (Art. II.1).

Responsibilities: The Ministry for Repatriation, Reinstallation and Reinsertion of Displaced and Repatriated Persons is the lead organization responsible for overall implementation of the Program. The CNRS constitutes the Technical Secretariat (Ch. V).

Content: Priority areas of focus include: humanitarian assistance; voluntary return; reintegration; and the creation of professional opportunities for the displaced, particularly in the area of agriculture (Art. II.D.I). Protection activities identified in the Program include: demining; and creating access to social services including education, health, water and sanitation, and nutrition (Ch. III). The Annexes to the Program set out details of recipient assistance packages, including food rations and sheeting.