CONSULTATIONS ON TRANSITIONAL JUSTICE UNDERWAY;

C O N F I D E N T I A L BUJUMBURA 000414 DEPT FOR S/WCI AMB WILLIAMSON, DRL AND AF/C, NAIROBI FOR DCM SLUTZ, LONDON, PARIS FOR AFRICA WATCHERS E.O. 12958: DECL: 08/17/2019 TAGS: BY KAWC PHUM PREL SUBJECT: CONSULTATIONS ON TRANSITIONAL JUSTICE UNDERWAY; CONCERNS PERSIST ABOUT IMPACT OF 2010 ELECTIONS REF: BERN 329 NOTAL Classified By: Classified by Charge C. Twining for reason 1.4 (b) and (d) ¶1. (C) Summary: Burundi has started broad based popular consultations for a Transitional Justice mechanism to deal with the events of years of conflict. While consultations are will be completed at year's end, we are detecting concerns about launching a Truth and Reconciliation Commission or similar mechanism prior to the 2010 elections. End Summary. ¶2. (U) As many years of conflict draw to a close, Burundi is seeking to establish a mechanism to deal with the waves of ethnic violence that have engulfed Burundi since independence. In December 2004, the Burundian law on the National Truth and Reconciliation Commission was promulgated, based on agreements reached in the 2000 Arusha accords. Following a series of discussions, the UN and the government of Burundi agreed to establish a dual mechanism, a Truth and Reconciliation Commission and a Special Tribunal that would be composed of Burundian and international members. The Special Tribunal would deal with cases that were determined to constitute war crimes or genocide. This approach is consistent with the mandate of the Integrated Bureau of the UN in Burundi (BINUB) to support transitional justice in Burundi, but it has yet to be fully implemented. ¶3. (U) Burundi recently launched a "broad based consultative process," part of the effort coordinated with BINUB and supported by international donors, to develop a workable mechanism for transitional justice. These Consultations are now underway with local officials, Civil Society and other stakeholders in three provinces. When the consultations are complete in those provinces, the Consultation process will then move on to three different provinces; in principle, consultations should be completed nationwide by year's end, and Burundi would establish its Truth and Reconciliation Commission in 2010. ¶4. (C) The Swiss are deeply involved in transitional justice and human rights issues, and are among the leading donors to this aspect of Burundi's prolonged national reconciliation process. Given this context, it's interesting that the Charge at the Swiss Embassy in Bujumbura shares the view of many Burundians that the Truth and Reconciliation Commission should be established only after the 2010 elections are finished. In a private conversation with DCM, Swiss Charge d'Affaires Marc George said that a Truth and Reconciliation Commission would inevitably become politicized and lose credibility, if it were established during the run-up to the hotly contested national elections. He noted that many of the strongest political parties had roots in insurgent groups, including the ruling party. When invited to speculate about the outcome of the consultation process, Mr. George was somewhat reticent. He commented that civil society in Burundi was predominantly skew Tutsi, urban and elite, and he questioned whether the consultations would truly reflect the views of average Burundian citizens in the collines. ¶5. (C) (Regarding discussions in reftel) In contrast to the Swiss, the South African Embassy in Bujumbura has shown minimal interest in engaging on transitional justice issues, notwithstanding South Africa's extensive experience with its own Truth and Reconciliation Commission. For most of the past decade, however, South Africa was the driving force behind the African Union's peacekeeping and mediation effort, and maintained a sizable troop presence in Burundi. In a separate conversation, South African DCM Christian Botha said that, now that the conflict was ending, his embassy in Bujumbura would likely redirect its efforts towards reconstruction and development. Mr. Botha said that South Africa's mandate from AU covered two tasks only: administration of the camps for demobilizing insurgents, and providing close protection for former insurgent leaders while they re-establish their organizations as political parties. The first task is now complete, Mr. Botha said, and the second is nearly so. Only three FNL leaders still require close protection, and Mr. Botha anticipated that the program would phase out, and the remaining South African troops would return home by year's end. When asked about Transitional Justice, Mr. Botha responded that other partner nations were taking the lead on these programs in Burundi. ¶6. (C) Comment: After so many years of conflict, Burundi is now stabilizing, but national reconciliation is still fragile. If it is handled well, a Truth and Reconciliation Commission could be an effective instrument for advancing national reconciliation; if it is handled poorly or becomes unduly politicized it could undermine Burundi's hard won gains. The international community should carefully weigh the risks and benefits of moving forward with a transitional justice program during an election year. End comment. Twining