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