               United Nations                                                                  S/RES/1858 (2008)
               Security Council                                                Distr.: General
                                                                               22 December 2008




               Resolution 1858 (2008)
               Adopted by the Security Council at its 6057th meeting, on
               22 December 2008

                    The Security Council,
                     Recalling its resolutions and the statements of its President on Burundi, in
               particular resolutions 1719 (2006) and 1791 (2007),
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and unity of Burundi,
                    Welcoming the Declaration of the Summit of the Heads of State and
               Government of the Great Lakes Region on the Burundi Peace Process, which took
               place in Bujumbura on 4 December 2008 and the agreements reached between the
               Government of Burundi and the Forces Nationales de Libération (Palipehutu-FNL),
                    Paying tribute to the Regional Peace Initiative, the South African Facilitation,
               the African Union and the Political Directorate for their sustained engagement in
               support of Burundi’s peace consolidation efforts, to promote the full implementation
               of the Comprehensive Ceasefire Agreement signed on 7 September 2006 in
               Dar es Salaam between the Government of Burundi and the Palipehutu-FNL,
                     Taking note of the progress achieved by Burundi in key peace consolidation
               areas, as well as the remaining challenges, in particular implementing the
               Comprehensive Ceasefire Agreement with the Palipehutu-FNL, consolidating
               democratically elected institutions, strengthening good governance, completing the
               disarmament, demobilization and reintegration process, and taking forward the
               reform of the security sector, including ensuring that the security forces and justice
               institutions effectively protect human rights and the rule of law,
                     Welcoming the establishment of the Permanent National Independent Electoral
               Commission, recalling the need for nominations of its members to be through an
               independent and inclusive process and recalling the importance that the elections
               scheduled in 2010 are prepared in the spirit of reconciliation and dialogue enshrined
               in the Burundian Constitution that had led to a successful transition,
                    Emphasizing the need for the United Nations system and the international
               community to maintain their support for peace consolidation and long-term
               development in Burundi, welcoming the continued engagement of the Peacebuilding
               Commission on Burundi and the recent visit of the delegation led by the Chairman


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               of the Commission’s Burundi configuration and taking note of the June 2008
               biannual review of progress in the implementation of the Strategic Framework for
               Peacebuilding in Burundi and of the briefing of the Chairman of the Burundi
               configuration of the Peacebuilding Commission on 11 December 2008,
                    Recognizing the importance of transitional justice in promoting lasting
               reconciliation among all the people of Burundi and welcoming progress in the
               preparations for national consultations on the establishment of transitional justice
               mechanisms, including through the establishment of a Technical Follow-up
               Committee and a forum of civil society representatives,
                     Noting with concern the continuing human rights violations and restrictions on
               civil liberties, including arrests of members of the political opposition and
               representatives of civil society, the media and trade unions and welcoming the
               decision of the Government to rescind its order to regulate meetings and
               demonstrations of political parties and associations,
                     Welcoming the Burundian authorities’ efforts to fight impunity, in particular
               the trial and conviction of some of the perpetrators of the Muyinga massacre,
                     Recalling its resolution 1325 (2000) and 1820 (2008) on women, peace and
               security, its resolution 1674 (2006) on the protection of civilians in armed conflicts
               and its resolution 1612 (2005) on children in armed conflict,
                    Having considered the fourth report (S/2008/745) of the Secretary-General on
               the United Nations Integrated Office in Burundi (BINUB),
                     1.    Decides to extend until 31 December 2009 the mandate of BINUB, as set
               out in resolutions 1719 (2006) and renewed in its resolution 1791 (2007);
                     2.   Urges the Government of Burundi and the Palipehutu-FNL to make every
               effort to implement, before 31 December 2008, the agreements they reached on
               4 December 2008 so as to bring this last phase of the peace process to a successful
               conclusion and calls on both parties to desist from any action that may create
               tension or bring about the resumption of hostilities and to resolve outstanding issues
               through dialogue and in a spirit of cooperation;
                     3.   Calls on the Palipehutu-FNL to work with the Government, the Joint
               Verification and Monitoring Mechanism and all international partners in order to
               encourage all its combatants to move without conditionalities to assembly areas and
               to fully implement the disarmament, demobilization and reinsertion process;
                     4.   Encourages the Regional Initiative leaders, the African Union, the South
               African Facilitation, the Political Directorate and other international partners to
               sustain their efforts in order to assist the parties in the implementation of the
               4 December Declaration and to remain actively engaged on the ground to monitor
               the process and to ensure its sustainability;
                     5.    Reiterates its request for the Secretary-General, including through
               BINUB, to play a robust political role in support of all facets of the peace process,
               in full coordination with subregional, regional and international partners;
                     6.   Encourages the Government of Burundi to take the necessary measures
               to create an environment conducive to the holding of free, fair and peaceful
               elections in 2010 and welcomes the United Nations readiness to assist in the
               process;


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                 7.    Requests the Executive Representative of the Secretary-General to
           facilitate and promote dialogue among national and international stakeholders, in
           particular in the context of the upcoming elections, while continuing to support their
           efforts to sustain peace and stability;
                8.     Encourages the Government of Burundi to pursue its efforts regarding
           peace consolidation challenges, in particular democratic governance, justice,
           security reforms and protection of human rights;
                 9.   Encourages the Government of Burundi, the Peacebuilding Commission,
           and its national and international partners to honour the commitments they have
           made under the Strategic Framework for Peacebuilding and requests the
           Peacebuilding Commission, with support from BINUB and the United Nations
           Country Team, to continue to assist the Government of Burundi in laying the
           foundations for sustainable peace and security and long-term development in
           Burundi and in mobilizing the resources needed to achieve these aims, including for
           the coming elections;
                 10. Underscores the importance of the disarmament, demobilization and
           reintegration process and urges all international partners, in particular BINUB,
           UNDP and the World Bank, to ensure that there are no gaps in resources and
           capacities during the interim period between the Multi-country Demobilization and
           Reintegration Programme and the establishment of the Burundi-specific trust fund
           mechanism;
                 11. Encourages in this regard the Government of Burundi, in collaboration
           with all international partners, to elaborate a disarmament, demobilization and
           reintegration strategy and to lay the foundations for the sustainable socio-economic
           reintegration of demobilized soldiers, ex-combatants, returning refugees, the
           displaced and other vulnerable groups affected by the conflict, particularly women
           and children, in accordance with Security Council resolutions 1325 (2000),
           1612 (2005), 1674 (2006) and 1820 (2008);
                 12. Encourages the Government of Burundi, with the support of BINUB and
           other partners, to ensure that national consultations on the establishment of
           transitional justice mechanisms are begun as soon as possible, without further delay;
                 13. Encourages the Government of Burundi to pursue its efforts to broaden
           the respect and protection of human rights, including through the establishment of
           an National Independent Human Rights Commission, bearing in mind the Paris
           Principles outlined in General Assembly resolution 48/134 and further encourages it
           to end impunity and to take the necessary measures to ensure its citizens fully enjoy
           their civil, political, social, economic, cultural rights without fear or intimidation, as
           enshrined in the Constitution of Burundi and provided for by international human
           rights instruments, including those ratified by Burundi;
                14. Expresses in particular its concern at the continuing sexual and
           gender-based violence, and urges the Government to take the necessary steps,
           including through specific legislation to prevent further violations and to ensure that
           those responsible are brought to justice, in accordance with international law;
                15. Demands that the Palipehutu-FNL and other armed groups release
           unconditionally and without further delay all children associated with them and
           emphasizes the need for their sustainable reintegration and reinsertion;



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                    16. Urges BINUB to strengthen current provisions for cooperation with the
               United Nations Organization Mission in the Democratic Republic of the Congo
               (MONUC), within the limits of their respective capacities and current mandate;
                     17. Encourages the Executive Representative of the Secretary-General to
               pursue his action to enhance the integration and effectiveness of United Nations
               efforts on the ground in support of the implementation of the Strategic Framework
               for Peacebuilding in Burundi and of the recovery and development priorities of the
               Government and people of Burundi;
                     18. Requests the Secretary-General to report by May 2009 to the Council on
               the implementation of the mandate of BINUB, including on the results of the
               technical assessment mission he intends to conduct early in 2009 and to incorporate
               in his report any recommendations that may guide the Security Council in deciding
               on the future direction of BINUB;
                    19.   Decides to remain actively seized of the matter.




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