A/HRC/12/43 page 4 I. INTRODUCTION 1. The consolidation of peace remains the main challenge facing Burundi in the building of an environment conducive to the protection of human rights. Long and intense efforts to end the conflict culminated in the conclusion of the historic Arusha Peace and Reconciliation Agreement for Burundi (Arusha Agreement) of August 2000, in which the Government of Burundi, the National Assembly and all the main political parties agreed to end more than a decade of armed hostilities between the majority Hutus and minority Tutsis, estimated to have cost the lives of approximately 500,000 Burundians between 1972 and 2000. Pursuant to the Arusha Agreement, a new constitution was elaborated and adopted by referendum in 2005, establishing terms by which the two ethnic groups would share power, and recognizing fundamental human rights for all Burundians. The Arusha Agreement also provided for the establishment of transitional justice mechanisms to bring to justice the perpetrators of the gross violations of human rights of the past and thus help the country to achieve national reconciliation and peace. In 2005, the first democratic elections in 12 years were held, which led to the formation of a broad-based power-sharing Government. 2. At the start of 2009, the only remaining armed group in Burundi was the Palipehutu-FNL (Party for the Liberation of the Hutu People-National Forces of Liberation). The Comprehensive Ceasefire Agreement (CFA) signed with this group in September 2006 was followed by an agreement in 2008 to remove the ethnic denotation in its title and allow it to enter the political process. In April 2009, agreement was reached to integrate thousands of FNL combatants into the security forces, to disarm and demobilize thousands more, and to release all associated children. Implementation is foreseen to be completed within the year. The armed conflict has thus now seen a formal end. 3. A key element of this hard won peace were the agreements concluded between the Government and the CNDD-FDD (National Council for the Defence of Democracy-Forces for the Defence of Democracy) in 2003 and subsequently with the FNL in 2006, by which “provisional immunity”1 from prosecution was granted to members of both groups, as well as those within the Government, who had committed “politically motivated crimes”, pending the establishment of a truth and reconciliation commission and a special tribunal. While not defining what would constitute “politically motivated crimes”, both agreements explicitly excluded genocide, war crimes, and crimes against humanity from provisional immunity. 4. Underlying positive developments in the peace process are worrisome trends in the practical enjoyment of human rights in Burundi. Ahead of the elections scheduled for 2010, violations of freedom of expression, association and assembly, reportedly politically motivated assassinations, and the emergence of violent militant youth groups affiliated with political parties have been observed. The levels of criminality and extreme poverty and the mismanagement of basic social services continue to be serious factors in insecurity in the country. 5. Burundi today stands at a crossroads. Its ability to hold free and fair elections, its will to establish truly independent institutions that are legally and practically enabled to serve as 1 Law No. 1/32 of 22 November 2006 and decree No. 100/357 of 20 December 2006.